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Essay Multiple Choice

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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

Noel has a qualifying, timely Fund claim involving a living private usurper and joins that usurper, the Register of Deeds, and the National Treasurer. He has not obtained a prior declaration of the usurper’s insolvency. Respondents argue the Fund action is necessarily premature. What does Stilianopoulos hold?

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The claimant must omit the usurper and sue only the Treasurer. A prior insolvency declaration is not a filing prerequisite; the section97 collection requirements operate at execution. The claimant must obtain a separate insolvency judgment before filing in every case. The claimant must prove that all relatives of the usurper are insolvent.

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