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Download torrent Reports of Cases Argued and Determined in the Supreme Court of Tennessee (Volume 9; V. 77)

Download torrent Reports of Cases Argued and Determined in the Supreme Court of Tennessee (Volume 9; V. 77)

Reports of Cases Argued and Determined in the Supreme Court of Tennessee (Volume 9; V. 77). Benjamin James Lea

Reports of Cases Argued and Determined in the Supreme Court of Tennessee (Volume 9; V. 77)
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Author: Benjamin James Lea
Number of Pages: 206 pages
Published Date: 01 Feb 2012
Publisher: General Books
Publication Country: Miami Fl, United States
Language: English
ISBN: 9781235616389
File size: 33 Mb
Download Link: Reports of Cases Argued and Determined in the Supreme Court of Tennessee (Volume 9; V. 77)
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1882. Excerpt: ... Swepson v. Bank. the deed does not show how much is due to any of the preferred creditors. No specific time is fixed for the sale of the property, or within which the trust shall be closed. But this omission does not amount to a stipulation in the deed for such delay in the execution of the trusts as would make it fraudulent. And it is intended that the trust may be executed without delay, and in fact part of the property had been sold and proceeds applied as directed, at the time the bills were filed. The stipulation for a sale upon credit, if deemed best by the trustee, does not of itself avoid the deed. It was not unreasonable to allow such discretion, if the interest of the secured creditors could thereby be promoted. And although in several New York cases, referred to by complainants' solicitors, the authority to sell on credit is held to render the deed void, we are not prepared to adopt such conclusion, especially in a case where it is conceded that the property conveyed is inadequate to the satisfaction of the preferred debts; nor do we see any sound reason why a trustee may not be invested with the power to settle by compromise or arbitration, any matter or litigation arisiog ift the execution of the trust; nor is it a fatal objection to the deed that it does not state the amouuts of the debts of the preferred creditors. Their names are given, and the amounts due them are readily ascertainable, being notes or bills. In the case of Young v. Gillespie, 12 Heis., 239, the decision seems to have been placed upon the ground that the provision, "that all others we owe for borrowed money," shall be first Swepson v. Bank. paid, in which neither the names of creditors nor amounts of debts were given, was a "meditated subterfuge" to perpetrate a fraud. Upo...

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