Beeby v Official Assignee of Pickering and Pickering - [1953] NZLR 832

Bankruptcy — Property Passing — Deed of Separation creating Equitable Assignment in Favour of Wife over Purchase-money of Husband's Land when sold — Security protected against Husband's Creditors — Enforceability of Security against Proceeds of Sale of Land only — Right Independent of Personal Remedy to recover — Time running against Wife from Date of Sale of Land — Husband's Equity in Land passing to Official Assignee, subject to Wife's Prior Equity — Bankruptcy Act, 1908, 88. 53, 61, 82, 102 (11) — Limitation Act, 1950, s 20 (1).

Land Transfer — Equities — Limitation of Time — Husband Registered Proprietor of Land Subject to Mortgage — Equitable Assignment in Favour of Wife over Purchase-money of Land when Sold — Land sold by Mortgagee Twenty-two Years later — Husband's Rights not affected by any Period of Limitation — Wife's Rights, derived from Him under Equitable Security, unimpaired — Land Transfer Act, 1952, s 64 — Limitation Act, 1950, s 16 (2).