Author Description

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. 1904 Excerpt:...complying with its requisites." And in another case (a) he observed, "that it seemed to him that nothing could be more mischievous than to hold that the putting anything on the registry is notice, within the meaning of the word notice as applied to Courts of equity in such cases." Although the protection afforded by the registry is far from Necessity for perfect, assurances affecting lands within the local limits must reslstratlonof course be registered, and that as speedily as possible after their execution, in order to prevent their due priority from being intercepted by a hitherto unregistered purchaser, or by a subsequent purchaser using greater diligence; and it is obvious that, where the interest dealt with is of such a description as to render it doubtful whether registration is required or not, the safe course will be to register; though no priority will be acquired by so doing, if it should be held that the Registry Acts do not apply. Even were it clear that the statute does not apply, it might be advantageous to register with a view to giving to persons who afterwards search the register notice of the registered incumbrance (b). An unregistered mortgage by a married woman of her separate equitable leaseholds is prior to a subsequent deed duly registered by which she charged her " separate estate" with a debt (r); the deed only affected what she could rightly charge (c). Where a registered deed is set aside for fraud, the Court has, Rectifying in Middlesex, power to vacate the registration (rf). But the re£18tratlonYorkshire Registries Act, 1884 (c), provides that fraudulent dispositions of land and charges on land shall be void, notwithstanding registration, and that the Court may rectify the register by cancelling en...