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 . .’
Judges:
Lord Eldon LC
Citations:
[1811] EngR 268, (1811) 17 Ves Jun 514, (1811) 34 ER 199
Links:
Jurisdiction:
England and Wales
Cited by:
See Also – Kendall, Ex Parte 25-May-1813
. .
Cited – Szepietowski v The National Crime Agency SC 23-Oct-2013
S owned several propertie in charge to the bank, but the Agency said that each had been acquired with the proceeds of criminal activity. The parties had settled the claim by the grant of a second charge in favour of the Agency. However when that . .
Lists of cited by and citing cases may be incomplete.
Equity
Updated: 07 August 2022; Ref: scu.339352
