LRC Reports

Competing Rights to Mingled Property: Tracing and the Rule in Clayton’s Case (1983)

This project concerns problems that arise from time to time when money belonging to two or more people is mingled in a single bank account. More specifically the project examines the rule in Clayton’s Case, which raises a presumption that the sum first paid into the account is the sum first paid out.

Keywords: mingled; property; tracing; rule; Claytons Case; deposit; debt;
fiduciary; volunteer; beneficiary; trustee; mixed; credit; revolving; bank
account; joint account; proprietary; real; right; possessory; personal;
property; money; insolvency; FIFO

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