The law against bankrupts: or, A treatise wherein the statutes against bankrupts are explained by several cases, resolutions, judgments and decrees, both at common law and in Chancery. Together with the learning of declarations and pleading relating thereunto. To which are likewise added forms and directions for commissioners, and presisidents, fit for the perusal of lawyers, or merchants and tradesmen. By T.G. serjeant at law.

General Notes of Sales by Commissioners.

OBserve, That if Commissioners sell the Lands of the Bankrupt, and one of them hath right to the Land so sold, his right by this will not be extinct, Godb. p. 319.

Note, It's laid down in Jones Rep. p.* 1.1 203. In Awdley and Halsey's Case, as a Rule, where the owner of Goods or Lands, by his own Act may not controul a Gift or a Charge; there if he become a Bankrupt, the Gift or Charge may not be defeated. If a man Bargain and Sell Lands, and be∣fore Enrolment, he becomes a Bankrupt, and after the Deed is inrolled, there the Bargainee shall hold the Land discharged from the Commissioners of Bankrupts: So if a Man gives Goods or Lands upon a precedent Condition, and after becomes a Bankrupt, and after the Condition is performed, this defeats the Power of the Commission. If a Man makes a Feoff∣ment, or gives Goods upon Condition, and after becomes a Bankrupt, and the Lands or Goods are sold by the Com∣missioners, and afterwards the Conditi∣on is broken, and the Feoffor or Donor re-enter or re-seise the Goods, the Sale is defeated.

The Explication of these Statutes will be better illustrated with the ensuing Cases and Considerations.

First as to the Bankrupts real Estate.

• Freehold.
• Copyhold.

Notes

• * 1.1

  Where the Sale of the Com∣missioners may be defeated.