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Shair Mull and anr. Vs. Singaravelu Mudali - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1883)ILR6Mad294
AppellantShair Mull and anr.
RespondentSingaravelu Mudali
Excerpt:
equitable assignment. - - 2. the attaching creditors could take no higher interest than siddulu enjoyed at the date of the attachments......thompson, the intention being that the attorneys should, for the satisfaction of their own lien and for the satisfaction of the loans advanced by singaravelu, be invested with special authority to receive the proceeds of the decree.2. the attaching creditors could take no higher interest than siddulu enjoyed at the date of the attachments.3. the learned judge rightly held that they were bound to account to the respondent for the sums they had received so far as is necessary for the satisfaction of the advances made by him and interest.4. the appeal fails and is dismissed with costs.
Judgment:

Charles A. Turner, Kt., C.J.

1. There appears to us sufficient evidence that the borrower Siddulu, in consideration of the loans he obtained, made an equitable assignment of his interest in the fund subject to the claims of Messrs. Champion and Thompson, the intention being that the attorneys should, for the satisfaction of their own lien and for the satisfaction of the loans advanced by Singaravelu, be invested with special authority to receive the proceeds of the decree.

2. The attaching creditors could take no higher interest than Siddulu enjoyed at the date of the attachments.

3. The learned Judge rightly held that they were bound to account to the respondent for the sums they had received so far as is necessary for the satisfaction of the advances made by him and interest.

4. The appeal fails and is dismissed with costs.


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