-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 siugula singulis, without adding to, or omitting one of them will avoid this consequence. I read the fifth section thus: "And be it further enacted that every deed or conveyance "not registered, which shall be made and executed, from and after the 25th day of March, 1708, of all or any of "the honors, manors, &c. contained in such deed or con"veyance, a memorial, whereof shall be registered, shall be ." deemed and adjudged as fraudulent and void, not only "against such deed or conveyance registered as aforesaid, .66 as for and concerning all or any of the honors, manors, "&c. contained in such memorial, &c. but likewise against “all and every creditors by judgment, recognizance," &c. This reading transposes the words" as for and concerning "all or any of the honors, manors, &c. contained in such "memoral:" but by reading them as they stand in the act after" all and every creditor and creditors by judgment, &c. we fall into the difficulty which I put in the last case. That was an extreme case, and put only by way of illustration and example: but in various ways the same inconvenience will be found to result, though in different degrees, from confining the priority which a judgment creditor has got over an unregistered deed, merely to the lands comprized in the memorial of a deed which is registered. 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 1806 1806. 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 influence 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 estates. We therefore concur in opinion that the exception should be over-ruled. 7 right to compel were not mutual, 11. Bill praying execution of an agree- 18, 19. ment for a lease of lives, ought to 3. A. by public advertisement offers 40 23 41 SPECIFIC EXECUTION, 1. ANNUITY. 306 An appeal lies at the suit of tenant in 52 See DECREE, 3, 4. 7. In such case, there is a privity be APPORTIONMENT. 64 See ANNUITY, 1. ARREST. 8. Contracts for jointures, though made 60 9. Tenant for life with leasing power, 73 ARTICLES. 386, 412. "decease of J. C. to the issue of J. and appointment to be equally divided See MARRIAGE ARTICLES, 1. PAPIST, 1, 2, 3. ASSIGNMENT. See JUDGMENT, 1. ATTORNEY. See SOLICITOR. B BANK NOTES. See CHOSE IN ACTION, 2. BANKRUPT. 281 1. A bond is given by a trader, previous 6. Though the form of the process be - ❤ 173 175 179 |