After-acquired property

After-acquired property

After-acquired property is real property or personal property to which party A obtains title only after falsely selling it to party B for value when party A did so without proper title. An example would be Colonel Sanders pretends to sell "My Old Kentucky Home" to Daniel Boone for $1000 (US) but does not own the property at the time and then uses the money to actually buy that same property from the true owner. The apparent outcome would be Col. Sanders owns the property and Boone has lost $1000.

Because the result of the set of transactions would be an injustice, a legal concept called the "After-acquired-title doctrine" vests the legal title in the property in party B even though buying it before party A had legal title to the property and therefore had no right to transfer the title. [Black's Law Dictionary (2nd Pocket ed. 2001 pg. 24)] This is an application of the principle of equity to property law. Historically, equity was applied in England in special chancery courts, but in the US, remedies at both law and equity are given in a single court.

References


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Look at other dictionaries:

  • after-acquired property — n. (1) Property a debtor acquires after concluding an agreement putting up other property as security for a loan. (2) Property acquired by a bankrupt after filing for bankruptcy. The Essential Law Dictionary. Sphinx Publishing, An imprint of… …   Law dictionary

  • after acquired property — Property of debtor which is acquired after security transaction covering property already owned is perfected. Property acquired after the date of the agreement usually becomes additional security for payment of the indebtedness if an after… …   Black's law dictionary

  • after-acquired property — Property of debtor which is acquired after security transaction covering property already owned is perfected. Property acquired after the date of the agreement usually becomes additional security for payment of the indebtedness if an after… …   Black's law dictionary

  • after acquired property — Property of debtor which is acquired after security transaction covering property already owned is perfected. Property acquired after the date of the agreement usually becomes additional security for payment of the indebtedness if an after… …   Black's law dictionary

  • after-acquired property — Property of debtor which is acquired after security transaction covering property already owned is perfected. Property acquired after the date of the agreement usually becomes additional security for payment of the indebtedness if an after… …   Black's law dictionary

  • after–acquired property — see property Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • after acquired property — Property of a bankrupt acquired between the date of bankruptcy and prior to the bankrupt s discharge from bankruptcy. (Dictionary of Canadian Bankruptcy Terms) United Glossary of Bankruptcy Terms 2012 …   Glossary of Bankruptcy

  • after-acquired property clause — A phrase in a mortgage (an interest in land that furnishes security for payment of a debt or performance of an obligation) that provides that any holdings obtained by the borrower subsequent to the date of the loan and mortgage will automatically …   Law dictionary

  • after-acquired property — /ˌaftər əkwaɪəd ˈprɒpəti/ (say .ahftuhr uhkwuyuhd propuhtee) noun Law property acquired by a bankrupt after sequestration, usually vested in the trustee …  

  • after-acquired property — A term commonly employed in mortgages and for the double purpose of subjecting added security to the lien of the mortgage and of removing in many cases doubts which may arise as to whether improvements, repairs, and additions made since the… …   Ballentine's law dictionary

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