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Citation
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Judgment date
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| March 1880 |
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Reported
Claimant who paid part of purchase price but lacked a proprietary right cannot claim land from transferee’s insolvent estate; must prove as concurrent creditor.
Insolvency — proprietary rights — jus in rem — validity of transfer into transferee’s name prior to insolvency — where no real right or vitiating fraud shown, claimant must prove as concurrent creditor.
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12 March 1880 |
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Reported
Alienation of Property by Fiduciary.-Trustee in Insolvency:-Remedy of Fidei Commissaries.-Rei vindicatio.Restitutio in integrum.-Sale ex decreto judicis. |
12 March 1880 |
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Reported
Community of property.-Mutual will of hiisband and wife.Subseqiient will by surviving spouse, how far valid.-Oril. 104, §§ 14 and 15. |
12 March 1880 |
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Reported
Ord. No. 16 of 1847, § 25.-Detention. |
2 March 1880 |
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Reported
Act No. 18 of 1873, § 2, sub-sect. 2.-Termination of contract
of service. |
2 March 1880 |
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Reported
Fideicommissary legatees acquire personal, not real, rights when the legacy property never vested in the testator.
* Succession law – mutual will and codicil – fideicommissum/reservatory clause – vesting requirement for real rights. * Legacies of property not belonging to testator confer personal rights against heir/executor, not rei vindicatio or hypothecary remedies. * Protection of bona fide purchasers where legatees lack real rights. * Remedy against executors for value of legacy where property never vested.
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1 March 1880 |
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Reported
Ordinance of Charles V., of the year 1515.-0rdinance of the year 1658.-Inability of lessee of country lands to sublet. |
1 March 1880 |