The process of execution in respect of a Crown debt prevailed over the transfer of the personal estate of a bankrupt to an official assignee which took place earlier on the same day. Significantly, the Court’s judgment added that even if the transfer to the assignee, by virtue of his appointment, was also a judicial act, and should therefore be taken, equally with the execution, to date from the beginning of the day so that the two acts were concurrent, nevertheless ‘it has never been disputed . . but that the Crown in such case has priority over the subject.’
Judges:
Coleridge J
Citations:
(1854) 9 Ex.628
Jurisdiction:
England and Wales
Cited by:
Applied – Wright v Mills 1859
A judgment was signed when the Court’s offices opened at 11 am but the defendant had died at 9.30 the same morning. The Court held that the judgment was regular, applying the rule that judicial acts, being acts of the Crown, have precedence over . .
Cited – Re Palmer (A Deceased Debtor), Palmer v Palmer CA 6-Apr-1994
Property had been conveyed to the deceased and the appellant, his widow, to be held as joint tenants. The deceased dies whilst under investigation for defalcations as a solicitor, and an insolvency administration order was obtained in the estate. . .
Lists of cited by and citing cases may be incomplete.
Insolvency, Litigation Practice
Updated: 12 April 2022; Ref: scu.267518