This section is from the book "A Compendium Of The Law And Practice Of Vendors And Purchasers Of Real Estate", by J. Henry Dart. Also available from Amazon: A compendium of the law and practice of vendors and purchasers of real estate.
Is a charge on annuity issuing out of land.
And probably on legacy charged on land.
So, on unpaid purchase-money, and on surplus proceeds of sale by mortgagee.
Certain decrees and orders have the effect of judgments.
Remedies under new law depend upon registration.
(a) See Mr. Christie's evidence before the Registration Commissioners, 1st Report; but see also Clare v. Wood, 4 Ha. 81; Coote on Mortgages, 3rd ed. 44: the general and safer practice appears to be to make the search.
(b) Younghusband v. Gisborne, 1 De G. & S. 209.
(c) Brown v. Perrott, 4 Beav. 585.
(d) Robinson v. Hedger, 13 Jur. 846; 14 Jur. 784, V. C. E.
(e) And see now 12 & 13 Vict. c. 106, ss. 123, 248.
It may be here observed, that where a judgment is re-registered after the expiration of more than five years from the date of the last registration, there seems to be nothing in the Act to affect its validity, except as against purchasers or mortgagees claiming under an instrument executed between the expiration of such period of five years and the subsequent registration.
No provision seems to be made for the fresh registration of judgments, etc, in the Palatinate Courts of Lancaster and Durham; the 4th section of the 2 & 3 Vict. c. 11, clearly (as it appears) referring merely to those judgments, etc, which must be originally registered with the senior Master of the Court of Common Pleas at Westminster: therefore, upon a purchase of lands in one of the Counties Palatine, the search in the local index should, it is conceived, be carried back as far as was usual under the old practice; viz., in ordinary cases, ten rears from the date of the search, or ten years from the earliest registered judgment, if any were met with; and, since lands in a County Palatine may be extended on a judgment obtained in one of the superior Courts at Westminster, it will also be proper to search the Register at Westminster (h).
Neglect to re-register within five years - effect of.
Fresh registration of judgments in Palatinate Courts, whether necessary.
(f) Notwithstanding these are the words of the Act, it may be doubted whether the judgment would bind purchasers, etc, if the officer having received the memorandum were to omit to register it.
(g) See ss. 1, 2, and 4, of 2 & 3 Vict. c. 11.
And there seem to be grounds for contending that judgments registered in the Palatinate Courts have their full effect under the 1 & 2 Vict. c. 110, even as against purchasers and mortgagees without notice; inasmuch as the words "as aforesaid," in the 5th section of the 2 & 3 Vict. c. 11, seem to identify the judgments, decrees, etc, mentioned in that section, with those mentioned in the preceding section; and those, as before observed, appear to be such only as are required to be registered with the senior Master of the Common Pleas at Westminster: and a similar question seems to arise as to the applicability of the 2nd section of the 3 & 4 Vict. c. 82, to Palatinate Judgments.
A purchaser with notice of an unregistered judgment is protected (i) from the additional remedies of the judgment creditor under the 1 & 2 Vict. c. 110; and, since the old dockets are closed, he is equally safe from any remedy which under the old law depended upon docketing; but it is conceived to be doubtful whether a purchaser with notice of an unregistered judgment is not still bound in Equity to the same extent as he would have been bound under the old law by notice of an undocketed judgment for instance, whether, if purchasing from an owner in fee simple, he would not be liable in Equity to have a moiety of the land subjected to the claim of a creditor of whose unregistered judgment he had notice at the time of advancing his money; although if purchasing under a power of appointment, he might altogether disregard unregistered judgments against the vendor of a date subsequent to the creation of the power; inasmuch as, under the old law, the exercise of the power defeated such judgments as well in Equity as at Law: it has even been made a question whether a purchaser may not at Law be bound by a judgment neither docketed nor registered in the same way as he would have been bound by it before the Act of William and Mary (k): but the point does not seem to be one of real difficulty (l).
(h) Prid. on J. 119.
(?) 3 & 4 Vict. c. 82; quaere, as to Palatinate Judgments. Vide supra.
What searches should be made in purchasing estates in Counties Palatine.
Judgments in Palatinate Courts, whether binding on purchasers without notice.
Purchaser with notice of unregistered judgment, how far liable.
It appears however to be the opinion of Sir E. Sugden that where a judgment has been once docketed under the old Acts, but has not been registered under the 1 & 2 Vict. c. 110, or where a judgment having been registered under that Act has not been re-registered at the end of five years, under the 2 & 3 Vict. c. 11, a purchaser for value, although aware of its previous docketing or registration, may presume that it has been satisfied (m).
Except in the case of copyholds (n), search should be made at the Common Pleas for debts and accountantships to the Crown; and the search must not be confined to the last five years, as fresh registration of these liabilities is not required; and as the 8th section of 2 & 3 Vict. c. 1l, is not retrospective (o), it will still, for some time to come, be often expedient to ascertain if possible) by searches at the Exchequer office, and among the Receiver-General's bonds at the Tax office (p), that DO such liability was subsisting before the 1th Jane, 1839, when the 2 & 8 Vict. c 11, came into operation. Tin-claim of the Crown, it may be observed, extends to equities of redemption; and is not defeated by the execution of a power of appointment or the assignment of a term already held in trust for the debtor or accountant (r); and the lands of an accountant are liable for moneys which become due from him even subsequently to alienation (s).
 
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