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SPINDLE V. SHREVE, 111 U. S. 542 (1884)

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U.S. Supreme Court

Spindle v. Shreve, 111 U.S. 542 (1884)

Spindle v. Shreve

Argued April 1, 1884

Decided May 5, 1884

111 U.S. 542

Syllabus

A conveyance of specifically described real and personal estate to a trustee on the trust that he shall sell the same and any and all other property belonging to the grantor not exempt from execution which by any oversight may have been omitted in the foregoing list and apply the proceeds to the payment of the grantor's debts passes all the estates and interest in property which the grantor at the date held and could alien, or which were then liable at law or in equity for the payment of his debts.

Whether an equitable interest in real estate is liable to be appropriated by legal process to the payment of the debts of the beneficiary is to be determined by the local law where the property has its situs. Nichols v. Levy, 5 Wall. 433, cited and approved.

§ 49, c. 22 of the Chancery Practice Act of Illinois (Hurd's Rev.Stat.Ill. 195), providing for creditors' bills of discovery and to reach and apply equitable estates to the satisfaction of debts, applies to all cases in which the creditor can obtain a lien only by filing a bill in equity for that purpose.





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