★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
If registration be established registration shod
be considr as essential to the validity of a deed as
the attestation signature or other requisite at present
established I should therefore say in answer to
2.57 that all estates & should prevail
according to their priority on the register notwithstanding
notice of unregistered instruments.
2.68 & 59 that no exception whatever shod be allowed &
consequently to 2.59 that whether the notice be actual
or constructive.
2.60 In case of actual fraud a remedy shod certainly
be obtainable & as agai long as the parties benefitting
under a deed had all of them are confined to those
who were parties to or had notice of the fraud
the remedy shod independently of compensation
consist in the invalidating of the fraudulent
deed or its erasure from the register or its due registration or in the due where the fraud
consisted in the non-registration but if the estate
in question has since the fraud parties unconnected
with & without notice of the fraud whether deriving have become
interested in its results whether deriving that
interest by purchase for valuable consideration
or under a voluntary conveyance the principle
of security wod require that these effects of the
fraud shd stand & that the defrauded party's
remedy shod be by compensation from the
authors & partakers of the fraud.
2.61. This question I take to refer to the time
when registration shall be fully established
Identifier: | JB/031/252/001 "JB/" can not be assigned to a declared number type with value 31.
|
|||
---|---|---|---|
not numbered |
|||
031 |
constitutional code |
||
252 |
|||
001 |
|||
copy/fair copy sheet |
1 |
||
recto |
|||
george bentham |
|||
9938 |
|||