Author: Roland Moffatt Perowne Willoughby

Publisher: CUP Archive

Published: 2018-02-14

Total Pages: 148

ISBN-13:

Excerpt from The Distinctions and Anomalies, Arising Out of the Equitable Doctrine of the Legal Estate The endeavour at the same time made to deal with the matter upon principle, and more especially to find an intel ligible basis for the doctrines of the priority of the legal estate and tacking, may also be of some practical utility. The ascertainment of principles is of importance as well to the study of the law, as to its successful amendment1 and judicial development. If the explanation of tacking here advanced be the true one, it will appear that there has been in recent times a tendency of the courts to extend in more than one direction that justly reprobated doctrine, which, however, ao cording to the accepted judicial axiom is to be applied only within the bare limits of the old authorities which established it. But if the theories put forward should prove upon further investigation not to be sustainable, they may perhaps claim the merit appertaining to hypotheses in general, that they are necessary steps to something more certain. Perhaps too the statement as a whole of equitable doctrine concerning the legal estate as it now stands - its intricacy, its fortuitous results, its occasional injustice, its technicality and immaturities - may help to make more clear the urgency of the case for the legislative reform of English property law. 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.