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Priority Notice

Matched in: Term Priority Notice

Priority

Matched in: Term Priority

Registration of title of land

(x) Certain over-riding incidents [s. 70 (3)]. (xi) Notice of lien by deposit of certificate (s. 66). (xii) Priority notices (s. 88). (xiii) Notices to a sole trustee of registered land (s. 99). The priority of these

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Dearle v. Hall

takes its name from this case, reported 1823, 3 Russ. 1, originated with the bankruptcy rule conferring the priority of assignments of choses in action according to the date of notice to the debtor by the assignment,

Equity of redemption

itself be mortgaged, and before 1926, each incumbrancer of the equity of redemption had preference according to his priority in time. Before 1926, the following dangers and disadvant-ages attended this species of security:- A prior mortgagee might … of security:- A prior mortgagee might be postponed to a subsequent mortgagee, who, having advanced his money without notice of such prior mortgage, afterwards acquired the legal estate. See TACKING, which, though abolished by the (English) Vendor

Notice

Matched in: Term Notice

Yorkshire Registry Act, 1884

4, and 6 Anne, c. 20) Ridings of the County of York, for the purpose of giving them priority according to the date of registration irrespectively of notice aliunde (s. 14) (see NOTICE); and Battison v. Hobson,

Equitable mortgage

a formal deed or a written memorandum, notice being given to the trustees in order to preserve the priority. As a rule these mortgages include mortgages (not being mortgages of a legal estate) under a trust for

Abstract of title

they should have notice of the intended purchase, in order to exclude a subsequent purchaser or incumbrancer, since priority of notice gives priority of equity in dealings with equitable things in action, and dealings (after 1925) inequitable

Mortgage

affects any purchaser (including a registered mortgagee) with notice of a prior title. Mortgages without the deeds obtain priority not necessarily by order of the date of creation but according to date of registration [s. 97, (English)

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