The Question of Registry Or No Registry Considered: With Reference to the Interests of Landowners & Commercial Credit, in a Letter to the Right Honorable Robert Peel

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H. Colburn and R. Bentley, 1830 - Conveyancing - 111 pages
 

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Page 67 - Instead of those certain, positive rules, by which the judgment of a court of law should invariably be determined, you have fondly introduced your own unsettled notions of equity and substantial justice. Decisions given upon such principles do not alarm the public so much as they ought, because the consequence and tendency of each particular instance is not observed or regarded. In the...
Page 29 - ... one side, this court never thought fit, that, by reason of a prior equity against a man, who had a legal title, that man should be hurt ; and this, by reason of that force, this court necessarily and rightly allows to the common law and to legal titles. But if this had happened in any other country, it could never have made a question ; for if the law and equity are administered by the same jurisdiction, the rule, Qui prior est in tempore, potior est injure, must hold.
Page 34 - Constructive notice is defined to be in its nature no more than evidence of notice, the presumption of which is so violent that the court will not even allow of its being controverted.
Page 68 - ... of a court of law should invariably be determined, you have fondly introduced your own unsettled notions of equity and substantial justice. Decisions given upon such principles do not alarm the public so much as they ought, because the consequence and tendency of each particular instance is not observed or regarded. In the mean time the practice gains ground; the Court of King's Bench becomes a Court of Equity, and the judge, instead of consulting strictly the law of the land, refers only to...
Page 52 - Courts, to what sum or value, purchasers have been damnified [robbed], for this last ten years, by such fraudulent conveyances as Registries would have prevented : the tenth part whereof, at a medium, is the annual loss which the people sustain for want of them. And then, computation is to be made of the annual Charge of Registering such extraordinary conveyances as would secure the title of lands.
Page 28 - It could not happen in any other country but this, because the jurisdiction of law and equity is administered here in different courts, and creates different kinds of rights in estates. And therefore as Courts of Equity break in upon the common law where necessity and conscience require it, still they allow superior force and strength to a legal title to estates...
Page 29 - ... necessity and conscience require it, still they allow superior force and strength to a legal title to estates ; and therefore where there is a legal title and equity on one side, this court never thought fit, that by reason of a prior equity against a man, who had a legal title...
Page 28 - Lee, (Tit. 15. c. 5.) by a very solemn determination by Lord Hale, who gave it the term of the creditor's tabula in naufragio: that is the leading case. Perhaps it might be going a good way at first: but it has been followed ever since ; and I believe was rightly settled, only on this foundation, by the particular constitution of the law of this country.
Page 29 - And therefore as courts of equity break in upon the common law, where necessity and conscience require it, still they allow superior force and strength to a legal title to estates ; and, therefore, where there is a legal title and equity on one side...
Page 105 - ... remaining part of the estate, and a provision, having the same object, is proposed to be applied to cases of conveyance of partial interests. The following statement of the operation of the system is from the commissioners' outline. ' After the establishment of the register, the investigation of the title will commence with a search of the alphabetical index of the names of grantors, in order to ascertain that no document affecting the title has been registered, or to obtain a reference to the...

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