- Husband transfers property to his wife before entering into a deed with creditors
- Smail as trustee in bankruptcy acquires an equitable interest to the property
- Wife registers
- Does the wife’s title give her indefeasibility against the trustee?
- No – because volunteers in that jurisdiction did not get indefeasibility of title
- Therefore the equitable interest won out
Note: It is important to check the individual jurisdiction for whether this applies
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