Property Law

King v Smail [1958] VR 273

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Facts
  • 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?
Held
  • 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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