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-mands; and thus, though according to the primary object
of the act, the registry ought to protect the purchaser, by this construction the unregistered deed, in effect, collaterally and indirectly defeats him.
: The words of the act themselves, if transposed, reddendo
It may be worth observing here, that the deed of 1747 is registered, and that the lands which are sought to be affected by this proceeding, are mentioned in the memorial of it; and perhaps it may be inferred from the defendant's argument, without pushing it too far, that the judgment VOL. I.
creditor will prevail against this deed, when any prior unregistered deed shall be found to contend with it; and that in the mean time the right of the judgment creditor may rest in abeyance.
. Abstracted, however, from any reasoning upon the act itself, I think the uniform construction of courts of law and equity in this country for so long a period, so far as we have been able to collect it, ought to be sufficient to in. Auence this court to the opinion which it is about to pronounce : more especially when we reflect that upon the faith of that construction, judgments have become, for near a century, common securities to those who lend money; and that mortgages, comparatively speaking, have been seldom resorted to. A judgment it is true, strictly speaking, is no lien upon the land ; but it is an incumbrance hovering over it ; and we have always considered that an unregistered deed, executed by the conusor of the judgment, cannot intervene and prevent it from settling on his real
We therefore concur in opinion that the exception should be over-tuled
office copy is not sufficient. Though
otherwise in case of a civil action.
Seinble, Keenan v. Boylan, 232
1. Agent to contract for the sale, &c. of
lands under the 2d sect, of the statute
count, where it has been signed, or a writing. Secus of agent to create or
dence. Drew v. Power, p. 182, 192. for leases for lives or years, makes an
which, though cognizable at law, are proposed lease is not mentioned. This
3. A principal is answerable for the act
of his agent in concealing or suppres-
sing of deeds, though not done with the
knowledge of the principal, Bowles
1. The nature of the authority conferred 1. Where nothing has been done in pur-
on an administrator pendente lite is suance of an agreement, the court
norance of the facts on the one part,
in consequence of which the other
party was led into a situation from
before the grand jury, in order to find would have a right to have the agree-
right to compel were not mutual, 11. Bill praying execution of an agree-
18, 19. ment for a lease of lives, ought to
23 for the period between the day of her
case that does not put the party into a tail in remainder, against a decree
the agreement be not performed. 41 tenant in tail. And in case of abate.
enters into an agreement by article, supplemental bill to make himself
52 See DECREE, 3, 4.
64 See ANNUITY, 1.
60 minutes of an agreement; and in con-
the and for years should be conveyed to
estates to D. C. and J. C.)" after the
« decease of J.C. to the issue of J. and that in case of the husband faliing in
share alike; and if no children of
281 M'Williams, a Bankrupt, 169
criminal, yet if it issue to compel pay-
ment of a debt, it is an arrest under
the statute 11 and 12 Geo. 3, c. 8,
7. Every mode by which a creditor can
arrest a bankrupt for a debt, whether
in law or equity, comes within the pro-
tection of the bankrupt act, • 175
8. Executrix marries, and her husband
and she admit assets in answer to a
proved under a cominission of bank-
6001. his wife's fortune, and gives a
bond for 1,0001. to a trustee, the inter-
est payable to himself for life if he
shall continue solvent, but in case of
his death or insolvency, the interest
to his wife for her life, and the princi-
to his marriage, to a trustee, and by riage. On his bankruptcy, the claim