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DISTRICT COURT

ASHBURTON—TUESDAY, SEPT. 16.

IN BANKRUPTCY. In re J. McMorrin Wood. Motion to set aside a bill of sale, McMorrin Wood to Heseltine. For the Deputy Official Assignee, Mr Wilding ; for Heseltine, Mr J. A. Caygill. The case had been heard at length "at a previous sitting of the Court, at which evidence m full was taken. Mr Wilding submitted that the execution of the deeds was an act of bankruptcy, being a fraudulent transfer of the bankrupt's property ; that the deeds were fraudulent and void, inasmuch as they were executed with intent to defraud and defeat bankrupt's creditors ; that the execution of the deeds was a charge upon bankrupt's estate when he was unable to pay his debts as they become due from his own money m favor of a creditor, with a view to giving such creditor a preference over the other creditors, Wood being adjudged a bankrupt within three months from his executing the deeds m question ; that the deeds weie executed within four months prior to the filing of the petition on which the order of adjudication m bankruptcy was niade, and no money was actually advanced or paid, nor goods nor chattels sold or supplied by Heseltine to the bankrupt contemporaneously or at any time after the execution thereof. Mr Wilding spoke at length m support of these reasons. Mr Caygill addressed the Court for an hour on the other side, quoting copious authorities m contention of Mr Wilding's arguments. His Honor found the deeds bad m law, and would therefore grant the order, but recognising the hardship to Mr Heseltine, to do so without costs. In re Joseph Clark. Motion for admission of proof of debt for four creditors.— Mr R. M. Cuthbertson. The motion was opposed by the Deputy Official Assignee. Order refused. PROBATE. In re Silence Caldicott, deceased. Probate granted to William Caldicott, son of deceased.—Mr E. G. Crisp.

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Permanent link to this item

http://paperspast.natlib.govt.nz/newspapers/AG18900916.2.21

Bibliographic details

DISTRICT COURT, Ashburton Guardian, Volume VII, Issue 2519, 16 September 1890

Word Count
318

DISTRICT COURT Ashburton Guardian, Volume VII, Issue 2519, 16 September 1890

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