A Concise Practical Treatise On the Law of Property
A Concise Practical Treatise On the Law of Property
H W Boyd Hugh William Boyd Mackay
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Deacon, 24 Bea. 186. 392 PRIORITY BY THE LEGAL ESTATE AND SIMILAR MEANS. priority can be thus gained over an interest acquired by transmission, as that of a Judgment-Creditor (a); or of Bankruptcy- (b) or Insolvency- (c) creditors (whether they derived by assignment (d), or by enactment (e)), and though there was a reputed ownership clause (/) in the Bankruptcy Act, and especially if the favoured disposition was merely confirmatory of a transfer of an incumbrance created before the bankruptcy (...e), but not if this mode of acquiring priority over Bankruptcy-creditors is prohibited by the Act, as it is in the case of chattels (g), but not of tenements (A), by the act of 1849(2), and possibly by that of 1869 (/) (1). And priority can thus gained over an interest mentioned in an Act of Parliament passed before the making of the protected disposition (k), (at least if the act was of a private nature (£)): and over an interest acquired for value (/): and over a Judgment registered {in), — a disposition of property in a Registry County (11) registered (»), — or a disposition of a Copyhold (0) enrolled (p), — before the making of the protected disposition, (unless the disponee under the latter had searched, in which case he is postponed as having notice (q)).
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