An Analysis of the Torrens System of Conveying Land : With References to the Torrens Statutes of Australia, England, Ireland, Canada And the United States : With An Appendix Containing the Original Torrens Act
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S. W. L. R. 300 act. $ 4 Saskatchewan act. § 139 (1887). Hall v. Loder, 7 N. S. W. Alberta act. § 34 Act for Ireland, L. R. (Eq.) 44 "(1885). Matai v 1891.
221 THE TOERENS SYSTEM exceptions.25 In the other acts in this country the provision is general, that the registered owner, except in case of fraud to which he is a party, or in case of fraud of the person through whom he claims without a valuable consideration paid in good faith, shall hold it subject only to such incumbrances and ex- cepti...ons.26 The rule relative to the protection which will be afforded by a new registration is that a purchaser for value will be protected in his registered interests unless actual and moral fraud on his part is to be inferred from the circum- stances under which he obtained them. A person taking a mortgage from a registered owner of land is not affected by no- tice of an unregistered interest in another pfferson, whereby such person is the owner of an undivided one-half of the land, but if the mortgagor, when he executed it, expressly told the mortgagee that he owned only an undivided one-half of the land, that he only intended to mortgage his one-half, and that he intended to exempt the interest of his co-tenant, the mort- gagee is guilty of fraud against the unregistered owner in attempting to enforce the mortgage against the whole land.^'^ Fraud on the part of a vendor in acquiring his title cannot affect the statutory protection and indefeasibility of title given to a registered purchaser for value, who had no part in or knowledge of the fraud.^^ This rule is the same as in case of original registration.
What to read after An Analysis of the Torrens System of Conveying Land : With References to the Torrens Statutes of Australia, England, Ireland, Canada And the United States : With An Appendix Containing the Original Torrens Act?
You can find similar books in the "Read Also" column, or choose other free books by Niblack, William Caldwell, 1854-1920 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
S. W. L. R. 300 act. $ 4 Saskatchewan act. § 139 (1887). Hall v. Loder, 7 N. S. W. Alberta act. § 34 Act for Ireland, L. R. (Eq.) 44 "(1885). Matai v 1891.
221 THE TOERENS SYSTEM exceptions.25 In the other acts in this country the provision is general, that the registered owner, except in case of fraud to which he is a party, or in case of fraud of the person through whom he claims without a valuable consideration paid in good faith, shall hold it subject only to such incumbrances and ex- cepti...ons.26 The rule relative to the protection which will be afforded by a new registration is that a purchaser for value will be protected in his registered interests unless actual and moral fraud on his part is to be inferred from the circum- stances under which he obtained them. A person taking a mortgage from a registered owner of land is not affected by no- tice of an unregistered interest in another pfferson, whereby such person is the owner of an undivided one-half of the land, but if the mortgagor, when he executed it, expressly told the mortgagee that he owned only an undivided one-half of the land, that he only intended to mortgage his one-half, and that he intended to exempt the interest of his co-tenant, the mort- gagee is guilty of fraud against the unregistered owner in attempting to enforce the mortgage against the whole land.^'^ Fraud on the part of a vendor in acquiring his title cannot affect the statutory protection and indefeasibility of title given to a registered purchaser for value, who had no part in or knowledge of the fraud.^^ This rule is the same as in case of original registration.
What to read after An Analysis of the Torrens System of Conveying Land : With References to the Torrens Statutes of Australia, England, Ireland, Canada And the United States : With An Appendix Containing the Original Torrens Act?
You can find similar books in the "Read Also" column, or choose other free books by Niblack, William Caldwell, 1854-1920 to read onlineMoreLess
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