Willis and Another v Elliott
| Jurisdiction | England & Wales |
| Judgment Date | 03 October 1827 |
| Date | 03 October 1827 |
| Court | High Court |
English Reports Citation: 172 E.R. 349
IN THE COURTS OF KING'S BENCH AND COMMON PLEAS
Subsequent proceedings, sub nomine Willes v. Elliott, 4 Bing 392, 1 Moo. & P. 19.
Oct. 3d, 1827. willis and another v. elliott, senr. (The assignment to the provisional assignee of the Insolvent Debtors' Court, is not made void by the death of the insolvent before his petition has been heard , and such provisional assignee may, after such death, assign to the assignee for the creditors , and they may bring actions in respect of the insolvent's property ) [Subsequent proceedings, sub nomine Willis v. Elliott, 4 Bmg 392 , I Moo. & P. i9.j Trover.-The plaintiffs were assignees, under the Insolvent Debtor's Acts, of Elliott, junr., the son of the defendant; and the question was, whether, under the circumstances of the case, the assignment made to them by the provisional assignee was valid. The insolvent presented his petition on the 27th of February, 1827, and executed the provisional assignment on the same day, pursuant to the statutes , and on the 26th of March, 1827, he [118] died. The assignment from the provisional assignee to the plaintiffs was not made till the 3d of April, 1827. The insolvent's petition had not been heard by the Court previous to his death. The question tinned on sect. 11 of the 7th Geo IV. c 57 (a). (a) That section enacts, " that such prisoner shall, at the time of subscribing the gaad petition, duly execute a conveyance and assignment to the provisional assignee of the said Court, in such form as is to this Act annexed, of all the estate, right, title, interest, and trust of such prisoner, in and to all the real and personal estate and effects of such prisoner, both within this realm and abroad, except the wearing apparel, bedding, and other such necessaries of such person, and his or her family, and the working tools and implements of such prisoner, not exceeding, in the whole 350 WILLIS V. ELLIOTT 3 CAB. ft P. U9. [118] Wtl.de, Serjt , for the plaintiffs, contended, that the assignment was valid, and continued in force, notwithstanding the death of the insolvent, as the statute would not take away what had been once vested. Taddy, Ser]t -The discharge of the insolvent from his debts, so far as his person is concerned, is the only consideration for the assignment , and if he dies before that discharge takes place, the whole thing fails This construction appears to be the regular one by analogy to the...
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George Frederick Mowlds, Attorney, v Robert Lynch Power
...Bench. GEORGE FREDERICK MOWLDS, Attorney, and ROBERT LYNCH POWER. Willis v. ElliottENRUNKENR 3 C. & P. 117; S. C. 1 M. & P. 19, and 4 Bing. 392. Hamill v. Hannan 5 Law Ree. N. S. 223. Bailey v. WilkinsonENR 2 Doug. 671. Dance v. WyattENRUNK 6 Bing. 486; S. C. 4 Moo. & P. 201. Webb v. FoxENR......
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