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Taylor V Plumer
''Taylor v Plumer'' tracing_of_assets_which_were_wrongfully_taken_in_breach_of_trust. _Facts Thomas_Plumer.html" ;"title="tracing_(law).html" ;"title="English_trusts_law.html" ;"title="815EWHC KB J84is an English trusts law">815EWHC KB J84is an English trusts law case, concerning tracing (law)">tracing of assets which were wrongfully taken in breach of trust. Facts Thomas Plumer">Sir Thomas Plumer gave his broker, Mr Walsh, a draft on his bankers for £22,200 to invest in exchequer bills. Mr Walsh cashed the draft, and got bank notes. He bought £6500 in exchequer bills, and with the balance he got American securities, paying with the bank notes. But he gave one note to his brother in law, in return for his bankers' draft of £500. He then bought 71½ doubloons, with the intention of escaping to North America via Lisbon. Sir Thomas' attorney caught him at Falmouth, and secured a return of the American securities and bullion. Mr Walsh was indicted, tried, found guilty, but pardon ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tracing (law)
Tracing is a legal process, not a remedy, by which a claimant demonstrates what has happened to his/her property, identifies its proceeds and those persons who have handled or received them, and asks the court to award a proprietary remedy in respect of the property, or an asset substituted for the original property or its proceeds. Tracing allows transmission of legal claims from the original assets to either the proceeds of sale of the assets or new substituted assets. Tracing ordinarily facilitates an equitable remedy, and is subject to the usual limitations and bars on equitable remedies in common law countries. In many common law countries, there are two concurrent processes, tracing at common law and tracing in equity. However, because the right to trace at common law is so circumscribed, the equitable process is almost universally relied upon, as equitable tracing can be performed into a mixed fund. Illustrations "Tracing is thus neither a claim nor a remedy. It is merel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trover
Trover () is a form of lawsuit in common-law countries for recovery of damages for wrongful taking of personal property. Trover belongs to a series of remedies for such wrongful taking, its distinctive feature being recovery only for the value of whatever was taken, not for the recovery of the property itself (see replevin). Overview Although actions in trover can be traced to the time of Bracton, and later Edward I of England, it became more clearly defined later during the reign of Henry VI of England, 1422–1461 and 1470–1471. Action in trover became a mature legal doctrine during the reign of Elizabeth I of England, 1558–1603. Early trover cases involved the keeping or taking of a bailment by the bailee (the person charged to hold the property with "ordinary care"). Others concerned the use of lost chattels found by another and determining who was the real owner. Early on, there was difficulty in dealing with situations where chattels held by a bailee were used by a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1815 In Case Law
Events January * January 2 – Lord Byron marries Anna Isabella Milbanke in Seaham, county of Durham, England. * January 3 – Austria, Britain, and Bourbon-restored France form a secret defensive alliance treaty against Prussia and Russia. * January 8 – Battle of New Orleans: American forces led by Andrew Jackson defeat British forces led by Sir Edward Pakenham. American forces suffer around 60 casualties and the British lose about 2,000 (the battle lasts for about 30 minutes). * January 13 – War of 1812: British troops capture Fort Peter in St. Marys, Georgia, the only battle of the war to take place in the state. * January 15 – War of 1812: Capture of USS ''President'' – American frigate , commanded by Commodore Stephen Decatur, is captured by a squadron of four British frigates. February * February – The Hartford Convention arrives in Washington, D.C. * February 3 – The first commercial cheese factory is founded in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Trusts Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * Eng ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Equity (law)
Equity is a particular body of law that was developed in the English Court of Chancery. Its general purpose is to provide a remedy for situations where the law is not flexible enough for the usual court system to deliver a fair resolution to a case. The concept of equity is deeply intertwined with its historical origins in the common law system used in England. However, equity is in some ways a separate system from common law: it has its own established rules and principles, and was historically administered by separate courts, called " courts of equity" or "courts of chancery". Equity exists in domestic law, both in civil law and in common law systems, and in international law. The tradition of equity begins in antiquity with the writings of Aristotle (''epieikeia'') and with Roman law (''aequitas''). Later, in civil law systems, equity was integrated in the legal rules, while in common law systems it became an independent body of law. Equity in common law jurisdictions (gener ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scott V Surman
Scott may refer to: Places Canada * Scott, Quebec, municipality in the Nouvelle-Beauce regional municipality in Quebec * Scott, Saskatchewan, a town in the Rural Municipality of Tramping Lake No. 380 * Rural Municipality of Scott No. 98, Saskatchewan United States * Scott, Arkansas * Scott, Georgia * Scott, Indiana * Scott, Louisiana * Scott, Missouri * Scott, New York * Scott, Ohio * Scott, Wisconsin (other) (several places) * Fort Scott, Kansas * Great Scott Township, St. Louis County, Minnesota * Scott Air Force Base, Illinois * Scott City, Kansas * Scott City, Missouri * Scott County (other) (various states) * Scott Mountain, a mountain in Oregon * Scott River, in California * Scott Township (other) (several places) Elsewhere * 876 Scott, minor planet orbiting the Sun * Scott (crater), a lunar impact crater near the south pole of the Moon *Scott Conservation Park, a protected area in South Australia People * Scott (surname), including a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Edward Law, 1st Baron Ellenborough
Edward Law, 1st Baron Ellenborough, (16 November 1750 – 13 December 1818), was an English judge. After serving as a member of parliament and Attorney General, he became Lord Chief Justice. Early life Law was born at Great Salkeld, in Cumberland, of which place his father, Edmund Law (1703–1787), afterwards Bishop of Carlisle, was at the time rector. His mother was Mary Christian, daughter of John Christan of Ewanrigg, Cumberland. Educated at the Charterhouse and at Peterhouse, Cambridge, he passed as third wrangler, and was soon afterwards elected to a fellowship at Trinity. In spite of his father's strong wish that he should take holy orders, he chose the legal profession, and on quitting the university was entered at Lincoln's Inn. Career After spending five years as a special pleader under the bar, he was called to the bar in 1780. He chose the northern circuit, and in a very short time obtained a lucrative practice and a high reputation. In 1787 he was appointe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Falmouth, Cornwall
Falmouth ( ; kw, Aberfala) is a town, civil parish and port on the River Fal on the south coast of Cornwall, England, United Kingdom. It has a total resident population of 21,797 (2011 census). Etymology The name Falmouth is of English origin, a reference to the town's situation on the mouth of the River Fal. The Cornish language name, ' or ', is of identical meaning. It was at one time known as ''Pennycomequick'', an Anglicisation of the Celtic ''Pen-y-cwm-cuic'' "head of the creek"; this is the same as Pennycomequick, a district in Plymouth. History Early history In 1540, Henry VIII built Pendennis Castle in Falmouth to defend Carrick Roads. The main town of the district was then at Penryn. Sir John Killigrew created the town of Falmouth shortly after 1613. In the late 16th century, under threat from the Spanish Armada, the defences at Pendennis were strengthened by the building of angled ramparts. During the Civil War, Pendennis Castle was the second to las ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Trusts Law
English trust law concerns the protection of assets, usually when they are held by one party for another's benefit. Trusts were a creation of the English law of property and obligations, and share a subsequent history with countries across the Commonwealth and the United States. Trusts developed when claimants in property disputes were dissatisfied with the common law courts and petitioned the King for a just and equitable result. On the King's behalf, the Lord Chancellor developed a parallel justice system in the Court of Chancery, commonly referred as equity. Historically, trusts have mostly been used where people have left money in a will, or created family settlements, charities, or some types of business venture. After the Judicature Act 1873, England's courts of equity and common law were merged, and equitable principles took precedence. Today, trusts play an important role in financial investment, especially in unit trusts and in pension trusts (where trustees and fun ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lisbon
Lisbon (; pt, Lisboa ) is the capital and largest city of Portugal, with an estimated population of 544,851 within its administrative limits in an area of 100.05 km2. Grande Lisboa, Lisbon's urban area extends beyond the city's administrative limits with a population of around 2.7 million people, being the List of urban areas of the European Union, 11th-most populous urban area in the European Union.Demographia: World Urban Areas - demographia.com, 06.2021 About 3 million people live in the Lisbon metropolitan area, making it the third largest metropolitan area in the Iberian Peninsula, after Madrid and Barcelona. It represents approximately 27% of the country's population. [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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