A Manual of Equity Jurisprudence : for Practitioners And Students : Founded On the Works of Story And Other Writers, Comprising the Fundamental Principles And the Points of Equity Usually Occurring in General Practice

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c. 41, s. 30.) Where there is no personal representative, a vesting order will be necessary (see Re Pilli?ig's Trusts, 26 C. D. 432 ; Re Williams, 36 C. D. 231) ; but copyholds are taken out of this provision. (See supra, par. 513.) 527.
If a mortgagee in possession turns out or refuses to accept a responsible tenant, he is liable for any loss occasioned thereby. (2 Bobbins Mortg. 805.) 528.
Both at Law and in Equity, in the absence of particular circumstances, statutes, judgments, and recogniz
...ances, all rank according to their dates.
(Bobbins Mortg. 1238.) The priority of equitable charges on real estate, where the equities are equal in all other respects than that of priority of time, rank according to their dates in accordance with the maxim qui prior est tempore potior est jure. (2 Bobbins Mortg. 1237 ; Marsh v. Lee, 2 Wh. & Tu. 107 ; Rice v.
Rice, 2 Drewry, 78 ; Farrandv. Yorkshire Banking Co., 40 C. D. 182.) And where money is lent on an equitable mortgage,without notice of a prior equitable agreement affecting the same property, the lender gains no priority over the party claiming under the prior equitable agreement, by getting in the legal estate, after notice that the mortgagor has made himself a trustee for the prior incumbrancer.


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