Third Preference - Law Dictionary Search Results
family third preference
Matched in: Term family third preference
third preference
Matched in: Term third preference
earmarking doctrine
the debtor to pay a specific creditor] : a doctrine in bankruptcy law: a loan made by a third person to a debtor to enable the debtor to pay off a specified creditor cannot be avoided by … to enable the debtor to pay off a specified creditor cannot be avoided by the trustee as a preference since the debtor never actually had control of the funds and the transfer does not diminish the debtor's
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Fraud
are chiefly prohibited because they operate as a fraud upon the private rights, interests, duties, or intentions of third parties; or compromise the private interests, rights, or duties of the parties themselves, such as secret composition deeds, … acts which have been declared to be or treated as fradulent by statute, see MISFEASANCE; PROSPECTUS; WINDING-UP; FRADULENT PREFERENCE; FRAUDULENT CONVEYANCES; PASSING OFF. Fraud and collusion vitiate even the most solemn proceedings in any civilised system of
party
the benefit of an accommodated party secured party : a party holding a security interest in another's property third party : a person other than the principals [insurance against injury to a third party] b : one … a party whose interests are likely to be affected by litigation and whose inclusion in the litigation is preferable but not essential real party in interest : a party who according to the applicable law is entitled
Favouritism
favour, or partiality to an individual or class, to neglect of others having equal or superior claims, under preference (Oxford English Dictionary) Means showing favour in matter of selection on circumstances other than merits, [Law Lexicon by … Means showing favour in matter of selection on circumstances other than merits, [Law Lexicon by P. Ramanatha Aiyar, 3rd Edn., 2005]
Supreme Court of Judicature
order of the High Court; power was given to each division to administer law and equity concurrently, with preference for the rules of equity, where they should be found to be in conflict with the rules of
Joint-tenancy
partition, as by one joint-tenant either releasing his share to the other, or conveying it away to a third person, for this is a destruction of the unity of title. A covenant to sell by a joint-tenant … the word 'heirs.' No right of dower or courtesy attaches to this estate, for the jus accescendi is preferred to all charges and incumbrances which do not amount to at least a partial alienation of the share
Replevin
the distrainer, and to answer him in a course of law, the Pocket Lawyer and Family Conveyancer 105, 3rd Edn., 1833. Replevin, lies, where specific personal property has been wrongfully taken and is wrongfully detained, to recover … the taking of goods distrained for rent), by contesting the validity of the seizure, whereas, if the owner prefer to have damages instead, the validity may be contested by action of trespass or unlawful distress. The word
bill
of credit bill of exchange : an instrument by one party directing another party to pay a named third party or anyone bearing it a specific amount of money on a named future date or on demand … suit (as money owed by the plaintiff) and who has no interest in the subject matter and no preference as to which defendant prevails called also strict bill of interpleader compare bill in the nature of interpleader
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