This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1920 Excerpt: ...any difference to the result, while the inquiry may obscure the issue. Though opinions were expressed in Stephen v. Bannan and Royal Bank of Canada v. Banque de Hochelaga to the effect that a caveat was notice, that is constructive notice, for the Acts do not make it actual notice, yet those cases were decided strictly ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1920 Excerpt: ...any difference to the result, while the inquiry may obscure the issue. Though opinions were expressed in Stephen v. Bannan and Royal Bank of Canada v. Banque de Hochelaga to the effect that a caveat was notice, that is constructive notice, for the Acts do not make it actual notice, yet those cases were decided strictly according to the rule of priority which the Acts have established. So, again, although the possibility of registration being notice was referred to in McKillop & Benjafield v. Alexander, the principle that precedence between registered interests is, fraud apart, governed solely by the rule of priority set up by the Acts was applied. Anglin, J., whose judgment was accepted by the majority of the court, said that as the second purchasers had omitted to search the title before completing their purchase they "could not complain if the prior equity of the plaintiff protected by his caveat is held to be paramount." The reference to the caveat indicates that the issue was not regarded as one of competing equities. Indeed it is impossible, if proper respect be paid to precision of language, to talk in connection with the Acts of priority save as between registered instruments. Just as the common law knows nothing of equitable rights so the Acts do not regard unregistered interests. The first purchaser had registered a caveat while the second, the vendor having fraudulently sold the land twice over, had not. Consequently only the former had, so to speak, any locus standi in the forum of the Acts. His interest was therefore, "paramount" so far as they were concerned, because, having been registered through the caveat while the other interest had remain unregistered, it was the only interest which the Acts could recognize. The so...
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Add this copy of Some Principles of the Real Property (Land Titles) Acts to cart. $18.23, new condition, Sold by Ingram Customer Returns Center rated 5.0 out of 5 stars, ships from NV, USA, published 2013 by Gale, Making of Modern Law.
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