Willes and another, Assignees of Elliott, v Elliott
| Jurisdiction | England & Wales |
| Judgment Date | 12 November 1827 |
| Date | 12 November 1827 |
| Court | Court of Common Pleas |
English Reports Citation: 130 E.R. 818
IN THE COURT OF COMMON PLEAS, AND OTHER COURTS
[392] willes and another, Assignees of Elliott, v. elliott. Nov. 12, 1827. Where an insolvent dies after petition and assignment to his provisional assignee, but before examination and assignment to his assignees in chief, Held, that the assignees in chief take, nevertheless, all the property assigned by the provisional assignee. Trover by the assignees of an insolvent debtor. At the Middlesex sittings after last term, before Best C. J., it appeared that the insolvent's petition, for his discharge was presented to the Insolvent Debtor's Court on the 7th of February 1827, and that he assigned his estate and effects to the provisional assignee on the same day. On the 26th of March, previously to his petition being heard, or his passing any examination, be died. On the 3d of April the provisional assignee assigned his estate and effects to the Plaintiffs, the assignees in chief. Under these circumstances, it was objected that the Plaintiffs could not recover. The Lord Chief Justice thought there was no ground for the objection, but reserved to the Defendant Leave to move to enter a nonsuit. A verdict having been found for the Plaintiffs, Taddy Serjt. obtained a rule niai to enter a nonsuit instead, on the ground that by the 7 G. 4, c. 57, s. 11, it is provided, "that in case the petition of any prisoner shall be dismissed," the assignment of his estate and effects to the provisional assignee "shall from and after such dismission be null and void to all intents and purposes;" that the insolvent's death before examination was equivalent to a dismission ; that by the provisoes of the act the assignees were only entitled to his estate in virtue of his discharge, the discharge under the act being...
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