A Treatise on the Law of Mortgages, Pledges and Hypothecations; (Founded on Coote's Law of Mortgages) Volume 2

A Treatise on the Law of Mortgages, Pledges and Hypothecations; (Founded on Coote's Law of Mortgages) Volume 2

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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. 1897 edition. Excerpt: ...to perfect considered in or complete the title of the assignee, and that effect of notice is Ward v. t0 convert the holder of the fund into a trustee for the person Duncomoe., .. r who gives the notice (/). But it was said in Ward v. Dun combe (g), that neither of these statements is strictly accurate; Chap. vn. and it was pointed out in that case that an assignee of an equitable interest from a person capable of disposing of it has a perfect equitable title though subject to the infirmity which attaches to all equitable titles, which infirmity is not wholly cured or removed by notice; and, secondly, that the holder of the fund before notice given is just as much a trustee for the persons rightfully entitled as he is after he receives the notice, though, of course, in the absence of notioe, he would be safe in paying away the fund to those who appear to be the true owners. It is quite clear that an equitable assignee who has not given notice will be bound by the equities between the assignor and the trustee, debtor, or other holder of the fund, so as to be obliged to allow any payments made by the holder of the fund subsequently to the assignment to the assignor or his assignees who have given notice (A). Assignees of charges on equitable interests or choses in action Assignees of have priority inter se according to priority of notioe (t). incumbrances. The burden of showing absence of notice falls on those who Burden of claim against the security (A-). proof. The doctrine as to the regulation of priorities by notice applies Application of.-i i. I i. i_ i the doctrine in not only as between several incumbrancers or purchasers tor bankruptcy, value, but also, to some extent, as between an incumbrancer or purchaser and the trustee in bankruptcy of..show more

Product details

  • Paperback | 384 pages
  • 189 x 246 x 20mm | 685g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • Illustrations, black and white
  • 1236530128
  • 9781236530127