Race Notice - Law Dictionary Search Results
Home Dictionary Name: race noticerace-notice
race-notice [race from the notion of two parties rushing to the courthouse in order to be the first to record a claim or interest on the same property] : of, relating to, or being a recording act which stipulates that an unrecorded deed, mortgage, or lien shall not be valid against a recorded one unless the recording party (as a subsequent purchaser from the same seller) had notice of the interest or claim of the other party when recording compare notice, pure race NOTE: If one party purchases a property and records the deed, a subsequent purchaser is normally held to know about it — to have “constructive notice” of it — as a matter of law since it is a matter of public record. Under a race-notice statute, however, a subsequent purchaser cannot have constructive notice of an unrecorded deed, and so the recorded deed has priority unless the purchaser actually knew about — had “actual notice” of — the unrecorded deed. ...
Race-notice statute
Race-notice statute, means a recording law providing that the person who records first without notice of prior unrecorded claim, has priority, Black's Law Dictionary, 7th Edn., p. 1265....
notice
notice 1 a : a notification or communication of a fact, claim, demand, or proceeding see also process, service NOTE: The requirements of when, how, and what notice must be given to a person are often prescribed by a statute, rule, or contract. b : awareness of such a fact, claim, demand, or proceeding actual notice 1 : actual awareness or direct notification of a specific fact, demand, claim, or proceeding [had actual notice of the meeting] called also express notice 2 : implied notice in this entry constructive notice : notice that one exercising ordinary care and diligence as a matter of duty would possess and esp. that is imputed by law rather than from fact [held to have constructive notice of the prior recorded deed] compare recording act express notice : actual notice in this entry implied notice : notice that is imputed to a party having knowledge of a fact or circumstance that would cause a reasonable party to inquire further or having possession of a means of know...
pure race
pure race : of, relating to, or being a recording act in which the first party to properly record documentation of an interest in property has priority regardless of notice of other claims [a pure race statute] compare notice, race-notice ...
recording act
recording act : a statute setting forth the requirements for recording a deed or interest (as in real property) and the standards for determining priority among different parties with claims on the same property see also notice, pure race, race-notice ...
Handicap horse race
Handicap horse race, the very concept of handicap race goes to show that there is no element at chance in the regular horse-racing. It is a game of skill. Even in a handicap race-despite the assignment of imposts the skill dominates. In any case an occasional handicap race in a race-club cannot change the natural horse-racing from a game of skill to that of chance, K.R. Lakshmanan v. State of Tamil Nandu, AIR 1996 SC 1153 (1165). [Tamil Nadu Gaming Act (3 of 1930), s. 11)]...
Horse-racing
Horse-racing, a lawful pastime. By 13 Geo. 2, c. 19, no plates or matches at horse-races under 50l. value could be run, under penalty of 200l. to be paid by the owner of the horse or horses, and 100l. by the advertiser of the plate. This was repealed by 3 & 4 Vict. c. 5. Formerly wagers of not more than 10l. on a legal horse-race could be recovered by action, but now all wagers are void by the Gaming Act, 1845 (8 & 9 Vict. c. 109), and 'no better illustration can be given of a wagering contract than a bet on a horse-race', Carlill v. Carbolic Smoke Ball Co., (1892) 2 QB 490, per Hawkins, J. See also RAE COURSE and GAMING.The horse-racing is a sport which primarily depends on the special ability acquired by training. It is speed and stamina of the horse, acquired by training, which matters. Jockeys are experts in the art of riding. Between two equally fast horses, a better trained jockey can touch the winning post. K.R. Lakshmanan v. State of Tamil Nadu, AIR 1996 SC 1153: (1996) 2 SCC 2...
Notice
Notice, the making something known to a person of which he was or might be ignorant. Notice is either (1) statutory; (2) actual, which brings the knowledge of a fact directly home to the party; or (3) constructive or implied, which is no more than evidence of facts which raise such a strong presumption of notice that equity will not allow the presumption to be rebutted. [S. 154, I.P.C. and Art. 61(2)(a) const. 56 Indian Evidence Act]Constructive notice may be subdivided into: (a) where the facts of which actual evidence is supplied give rise to a further enquiry which a man exercising ordinary caution would make equity has added constructive notice of the facts, which that inquiry would have elicited; and (b) where there has been a designed abstinence from inquiry for the very purpose of avoiding notice. See CONSTRUCTIVE NOTICE.A purchaser with notice may protect himself by purchasing the title of another bona fide purchaser for a valuable consideration without notice; for, otherwise, ...
Notice to quit
Notice to quit. Where there is a tenancy from year to year subsisting, it can only be put an end to by notice to quit, which may be given by either party, and must be given one half-year previously to the expiration of the current year of tenancy, so as to expire at the same period of the year in which the tenant entered upon the premises. This rule is to be invariably followed in all cases, except where there is some special agreement between the parties to a different effect, or where a particular local custom intervenes, or where the (English) Agricultural Holdings Act, 1923, applies, in which case, by s. 25 of that Act, a notice must be given to terminate the tenancy twelve months from the end of the then current year of the tenancy.Where the term of a lease is to end on a precise day, there is no occasion for a notice to quit previously to bringing an action of ejectment because both parties are equally apprised of the termination of the term. If a tenant continue in possession by...
Constructive notice
Constructive notice. The knowledge which is imputed to a party: (a) if he omits to make the usual and proper inquiry into the title of property which he has purchased; (b) if he omits to investigate some fact which has been brought to his notice suggesting the existence of such title or claim; (c) if he deliberately refrains from inquiry in order to avoid notice. See Halsbury, L.E., vol. 13, and the person affected with constructive notice takes, if at all, subject to the title or claim, whether he knew of it or not; for instance, a purchaser of land who is satisfied to take a shorter title than he could call for by statute is affected by notice of all trusts and equities of which he would have had notice if he had seen the full title. See Cox and Neve's Contract, (1891) 2 Ch 109; Patman v. Harland, (1881) 17 CD 353 illustrates the doctrine. It was there held that: (a) notice of a material document is notice of its contents, and (b) although the (English) Vendor and Purchaser Act, 1874...
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