Reports of Important Cases Heard and Determined by the Supreme Court of Ceylon Volume 5
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Reports of Important Cases Heard and Determined by the Supreme Court of Ceylon Volume 5

Reports of Important Cases Heard and Determined by the Supreme Court of Ceylon Volume 5


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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. 1878 Excerpt: ...mortgage, plaintiff registered his mortgage on the 27th September 1875, but though taken the claimant did not register his until after that date. It was adwith notice mitted by the plaintiff that the notary who had attested both the of the pri-bonds had told him of the primary mortgage in favor of the mary mort-claimant. gage, gams priority over The claimant having issued a rule on the plaintiff to shew such primary cause why he should not be dec lared entitled to preference by virtue mortgage, if of his primary mortgage, t he learned District Judge held as follows: --rpfjt stored earlier in "Mortgages by the Ordinance have priority according to the point of time. " date of registration, and lam of opinion that the imperfect "notice given to the plaintiff that there was an older mortgage does "not bar his right to insist on priority being to his later mortgage "because it was first registered. The rule is discharged with costs.' On appeal, VanLangenberg, for appellant: (1) The plaintiff having registered his bond with notice of the primary mortgage was guilty of constructive, if not positive, fraud, and was therefore not entitled to priority, under the proviso of clause 89 of Ordinance 8 of 1863. Under the Middlesex Registry Act, 7 Anne, cap. 20, such notice had been held to vitiate registration. Chivel v. Nichollx, 1 Str. 664; Sheldon v Cox, 2 Amb. 624; Le Neve, v. Le Nere, 2 Amb. 436. (2). The plaintiffs mortgage being expressly a secondary one, his right thereon could not be enlarged so as to prejudice the claimant. Grenier, for respondent. The Ordinance made no such equitable exception as was contended for, and the plain words of tlause 39 were in favor of priority by registration. There was no fraud in plaintiff availing himself...


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Product Details
  • ISBN-13: 9781130483963
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 198
  • Spine Width: 11 mm
  • Width: 189 mm
  • ISBN-10: 1130483967
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 363 gr

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