Synopsis
Excerpt from The Revised Reports, Vol. 56: Being a Republication of Such Cases in the English Courts of Common Law and Equity, From the Year 1785, as Are Still of Practical Utility; 1840-1842
WE now enter on the series of Manning and Granger's reports in the Court of Common Pleas, rendered particularly valuable, as is known to all studious lawyers, by the wealth of erudition contained in Serjeant Manning's frequent notes. At p. 341 is a note, consisting simply of a familiar sentence of Horace, conveying the learned and ingenious reporter's opinion of the bias of special juries, in the early years of the late Queen, in an action against a brother magistrate.
Nixon v. Hamilton, p. 246, is one of the class of cases, perhaps unfortunate in their inception, which went far to defeat the policy of the Acts establishing registries of deeds in Ireland and some parts of England. If, however, an earlier unregistered deed was ever to prevail over a later registered one, the facts in Nixon v. Hamilton could lead to no other result. It was not a case of constructive notice; the solicitor concerned, whose knowledge in the same trans action was imputed to his principal by the general rule of the law of agency, had kept the first deed off the register by gross and deliberate fraud. The decision is perfectly consistent with mere omission not to make every possible inquiry, in such circumstances that the omission is not even negligent, not being held to have the like efiect: A gm Ban/c v. Barry, L. R. 7 H. L. 135.
About the Publisher
Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com
This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
"About this title" may belong to another edition of this title.