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Kendall, Ex Parte; 7 May 1811

References: [1811] EngR 268, (1811) 17 Ves Jun 514, (1811) 34 ER 199
Links: Commonlii
Coram: Lord Eldon LC
Lord Eldon LC said: ‘The equity is clear upon the authorities, that, if two funds of the debtor are liable to one creditor, and only one fund to another, the former shall be thrown upon that fund, to which the other cannot resort; in order that he may avail himself of his only security: where that can be done without injustice to the debtor or the creditor: but that principle has never been pressed to the effect of injustice to the common debtor . .’
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