Commentary

17 Enforcement of equitable assignments

CHOSES IN ACTION vol 7
| Commentary

17 Enforcement of equitable assignments

| Commentary

3: ASSIGNMENTS NOT WITHIN THE LAW OF PROPERTY ACT 1925

17 Enforcement of equitable assignments

Assignments which neither come within the Law of Property Act 1925 Section 136(1)1, nor contain a power of attorney enabling the assignee to use the name of the assignor2, may still be enforced in the same way in which they could have been enforced in a court of equity before the Supreme Court of Judicature Act 1873—that is, where the chose in action is equitable and the assignment is absolute, by proceedings in the name of the assignee3 and—where the chose in action is legal (or

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