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Ar common law a judgment creditor could not take in execution the land itself; he
could only sue out a writ of Zevarifaoiae, under which he received the profits as
they accrued, through the sheriif, who thus collected the debt for him (3 Rep.
The creditor stands in the place of his debtor, and only takes the property of his
debtor subject to every liability under which the debtor himself held it (Whitworth v
. Gauguin, 3 Ha. 325). He cannot take the property of other persons though it may
It simply decides the priorities of creditors inter se. The second case was one
relating to goods only, and had no reference to the Act of 27 & 28 Vict. c. 112 ;
while those of Ex parte Ermls and Re Hobson do not, as far as I can understand
No doubt in many cases the debtor gives up possession without action, but if he
chooses .to remain in possession the creditor or purchaser, as the case may be,
is put to his action. We did not, in the article referred to, discuss the question ...
For each notice by an ofiioial receiver to a creditor of a first or any other meeting,
or sitting of tho court . . For each notice by an otficial receiver to a creditor of an
adjourned meeting or an adjourned sitting of the court . . . . . . . . . For the oflicial ...
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