Impartial Thoughts Upon the Beneficial Consequences of Inrolling All Deeds Will

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Impartial Thoughts Upon the Beneficial Consequences of Inrolling All Deeds Will
Plowden, Francis, 1749-1829
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10, 000, whether there be [ 74 ] be any limitations or powers of charging, felling, leafing or other powers, or whether there are any fhifting ufes, claiifes or provifoes, contained in the deed, to affeft the land.
It is uncontrovertibly obvious, that if a deed be intended to convey notice of a prior charge to a purchafer or mortgagee, it mud effentially give him certain and complete intelligence, to what ex- tent the deed does aftually afFe6t the land : for in purchafing or taking it in mortga
...ge, he takes it liable and fubjeft to all the limitations, trufts, powers, provifoes, charges, conditions and cove- nants contained in the deed^ of which, by the me- morial, he is prefumed to have notice; but by which he could not poffibly acquire any aftual or real knowledge, intelligence, or information of them.
I have hitherto fpoken of the knowledge, that is fupprelTed, oris not difclofed by the memorial ^ I muft now fpeak of that, which is acquired by it : and I fpeak from experience. The mere know- ledge of lands having been affefled by a deed ge- nerally, is an endlefs lource of unanfwerable diffi- culties, doubts and objeftions, in clearing a title : and every practitioner muft often have experienced the truth of what Sir Matthew Hale foretold, long before any of the regiftering acts were paflcd («).


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