A Popular View of the Law of Real Property: With an Application of Its Principles to the Important Measure of a General Register, Shewing What Changes in the System a Register Is Calculated to Produce
A Popular View of the Law of Real Property: With an Application of Its Principles to the Important Measure of a General Register, Shewing What Changes in the System a Register Is Calculated to Produce
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1831 edition. Excerpt: ... the consequences of failure, but upon the terms of being exposed to the chance of having the consequences of another person's failure fixed upon them by evidence which they might not be able to rebut. " Upon the whole, the question of giving or denying effect to actual notice against the register, ...
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1831 edition. Excerpt: ... the consequences of failure, but upon the terms of being exposed to the chance of having the consequences of another person's failure fixed upon them by evidence which they might not be able to rebut. " Upon the whole, the question of giving or denying effect to actual notice against the register, appears to be a question of balance of evils; it is therefore material to consider, how far and in what cases evil is likely to arise from the rule denying effect to notice, and whether sufficient remedies consistently with the rule can be provided." In support of the opinion against denying effect to notice, an eminent Equity Lawyer has furnished the Commissioners with an elaborate paper, which is printed in the Appendix to their Report. It must command attention, as well from the great experience of its author in the practice and habits of Courts of Equity, as by the profound knowledge and philosophical views which it displays; the more so, because it is written with an ardent desire to promote the objects of the Commission. Mr. Bell expresses his doubts whether " any enactment can be made rendering notice of a prior unregistered deed of no avail, without opening the widest door for fraud," and states it as the result of his opinion " that any enactment that notice of an unregistered deed should not prevail against a registered one, should be with an exception of cases of fraud, leaving it to the Judges to say, as particular cases arise, what are the frauds and evidence of them which ought to prevail against a registered title." Whether the exception be expressly made or not, there can scarcely be a doubt that Equity would make some exceptions; and on the whole it seems better that the enactment should be simple and unqualified. But, ...
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Add this copy of A Popular View of the Law of Real Property: With an to cart. $14.69, new condition, Sold by Ingram Customer Returns Center rated 5.0 out of 5 stars, ships from NV, USA, published 2010 by Gale Ecco, Making of Modern Law.
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