Dearle V Hall - Law Dictionary Search Results
Dearle v. Hall
Matched in: Term Dearle v. Hall
Priority
of establishing priority among competing claims, be in writing, Law of Property Act, 1925, s. 137; and see Dearle v. Hall. Subject to the (English) Land Charges Act, 1925, the assignee of an equitable interest inland having notice will … actual or constructive, Torkington v. Magee, (1902) 2 KB 427. The notice does not, under the rule in Dearle v. Hall, affect the validity of the assignment, Ward v. Duncombe, 1893 AC 369; it merely establishes priority. Under the
Abstract of title
things in action, and dealings (after 1925) inequitable interest in land or its proceeds and investments thereof: see Dearle v. Hall, (1823) 3 Russ 1 and Law of Properties Act, 1925 (English), s. 137 see also REGISTRATION OF TITLE
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Chose
136, L. P. Act, 1925, transfers the legal right: it should not be confused with the rule on Dearle v. Hall, 3 Rus. 1, and s. 137, which regulates the priorities of assignments without affecting the legal right. See
Notice
land within the limits of a local deed registry do not come within this rule, and see also DEARLE v. HALL; LAND CHARGES; REGISTRATION OF LAND; PRIORI-TIES; MORTGAGE. See also PUBLIC NOTICE. Notice does not necessarily mean 'communication in
Qui prior est tempore potior est jure
rights of the parties, Bailey v. Barnes, (1894) 1 Ch 25, and the application of the rule in Dearle v. Hall, to land by s. 137 of the Law of Property Act, 1925, has lessened the importance of the
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