Publisher's Synopsis
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1857 edition. Excerpt: ... and even mere expectancies of heirs were and are still frequently sup--, ported, (a) for such transfers are considered either as a permission L J to act as the agent or attorney of the other in recovering the matter transferred, even though there is no express power of attorney, or as a contract entitling the assignee to sue in equity in his own name and enforce the right directly against the person witholding it, whether such person has assented or not, making the assignor (except where his interest was only equitable, or has been completely assigned, ) a party to the proceedings as well as the person against whom relief is sought. (6) Where, however, the assignee has no difficulty in recovering the right at law, or can better do so there by suing in the assignor's name, he should not apply to the court of equity;(c) and assignments of contingent interests, possibilities and expectancies, are treated in equity as contracts to assign as soon as the interest becomes vested, and will then be enforced, and any thing said or done with the design of appropriating a chose in action, or right, in favour of another, amounts to an equitable assignment; but notice of the assignment should immediately be given to the debtor or person in possession of the right of property, whether as trustee or otherwise, or a subsequent assignee by giving notice may obtain priority, or the debt, right or interest, may be previously paid or discharged, which, after notice, could not be done, to the injury of the assignee.(d) Not only is the assignee of a chose in action entitled to all the remedies of the assignor, but takes also subject to all the equities it was liable to in his hands, for the assignor cannot generally give more than he possesses, so that any vice.
