The Divisional Court in Bankruptcy applied the rule that a judicial act takes effect at the very start of the day on which it occurs to give deemed precedence to a receiving order, a judicial act, over a payment made earlier in the day. The overreaching statutory trusts for sale imposed by the Law of Property Act, 1925, do not normally alter the beneficial rights inter se of the concurrent owners.
Judges:
Maugham J
Citations:
[1938] Cl 725, [1932] 1 Ch 42
Jurisdiction:
England and Wales
Cited by:
Cited – Hammersmith and Fulham London Borough Council v Monk HL 5-Dec-1991
One tenant of two joint tenants of a house left and was granted a new tenancy on condition that the existing one of the house, still occupied by her former partner, was determined. She gave a notice to quit as requested, the council claimed . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Insolvency
Updated: 15 May 2022; Ref: scu.267520