Joseph v Warner

JurisdictionSaint Kitts and Nevis
CourtHigh Court (Saint Kitts and Nevis)
JudgeAlleyne, J.
Judgment Date23 May 1960
Neutral CitationKN 1960 HC 1
Date23 May 1960

Windward and Leeward Islands Supreme Court

Alleyne, J.

Joseph
and
Warner
Appearances:

Executor Debtor

Interpleader.

Real property - Sale of chattel house — Whether transaction whereby judgment debtor sold chattel house to claimant was fraudulent — Bills of Sale Act, Cap. 139 of the Leeward Islands Laws complied with.

1

Delivered 23 rd May, 1960.

Alleyne, J.
2

The claimant resists an execution against a chattel house at one time the property of Austin Warner the defendant in the principal action. On the 17 th February, 1960 judgment was given for the judgment creditor in the sum of $2,400.00 and costs. On 26 th March, 1960 a writ of execution was issued in favour of the judgment creditor for the seizure and sale of a chattel house alleged to belong to the judgment debtor. On 14 th March, 1960 the judgment debtor purported to sell the said chattel house to the claimant giving a receipt for the purchase money of $630.

3

The transaction is attacked for being fraudulent. The statute of...

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