A Practical Treatise On the Law of Mortgages volume 2

Cover A Practical Treatise On the Law of Mortgages volume 2
A Practical Treatise On the Law of Mortgages volume 2
John Patch
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554. 96. (e) Pasley v. Freeman, 3 Term (a) 1 Ves. 96. 1 Bro. C. C. 358. Rep. 51. 60. 9 Vin. 415. Pi. 24. (/) Ibbottson i>. Rhodes, 2VerD.
(6) Hunsden o. Cheney, 2 Vern. 554. , and Mr. Fonblanque's note 150. 2d edit. Savage v. Foster, 9 (m). To Treat, on Eq. Vol. I. B« 1.
Mod. 35. Evans v. Bicknell, 6 c. 3. S. 4.
Chap. IX. ] of fraud in a prior incumbrancer. 361 If a person has it in his power to inform himself of his title to an estate, but through negligence, (g-) or ignorance of the law, (A)
...does not know of his title, and encourages a sale of the estate ; or, upon being applied to by a mort- gagee, affirms that another person has a good right to make a mortgage ; he cannot afterwards set up his own title to the prejudice of the purchaser or mortgagee.
But an affirmance that another person has a good right to mortgage, in a conversation with the agent of A. Upon a contemplated mortgage to A. , is not sufficient to post- pone the person making the false representation to B. , a subsequent mortgagee, though B.


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