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Turner v Nicholls

Nominate Series English Reports Cited authorities 1 Cited in 1 Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date13 March 1849
Date13 March 1849
CourtHigh Court of Chancery

English Reports Citation: 60 E.R. 994

HIGH COURT OF CHANCERY

Turner
and
Nicholls

Plea and Pleading. Bankrupt. Leaseholds.

994 TURNER V. NICHOLLS 1 SIM. 665. [565] turner v. nicholls. March 13, 1849. Plea and Pleading. Bankrupt. Leaseholds. The interest of a bankrupt in leaseholds is not finally divested until the creditors' assignees are chosen ; and therefore, if only the official assignee has been appointed, the bankrupt cannot plead his bankruptcy to a bill filed against him to have the trusts of the will under which he took the leaseholds carried into execution. The object of the bill was to have the trusts of a will, under which the Defendant was entitled to leasehold property, carried into execution under the decree of the Court. Shortly after the suit was commenced a fiat in bankruptcy issued against the Defendant, under which he was adjudged a bankrupt, and an official assignee was appointed. Before the day fixed for choosing the creditors' assignees the Defendant pleaded, in bar to the bill, the issuing of the fiat, the appointment of the official assignee, and that all the right and interest which he would otherwise have had in the testator's property was vested in the official assignee. Mr. Rolt and Mr. E. F. Smith, in support of the plea, referred to Turner v. Robinson (1 Sim. & Stu. 3), Tarlton v. Hornby (1 Youn. & Coll. Exch. Ca. 333), Man v. Ricketts (1 Phill. 617), Robertson v. Southgate (5 Hare, 223)...

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