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Pilcher V Rawlins
''Pilcher v Rawlins'' (1872) 7 Ch App 259 is a decision of the English Court of Appeal in relation to the rights of the beneficiaries under a trust against a ''bona fide'' third party purchaser for value of the trust property. The Court of Appeal overruled the Master of the Rolls and held that the third party purchasers acquired legal title to the property free of the interests of the beneficiaries. This is probably the earliest recorded case in English law where the court explicitly applied the rule that a ''bona fide'' purchaser for value without notice (or "equity's darling") takes free of any equitable interest in the property of which they were unaware, although even within the case report itself they refer to the principle as a long standing one. Facts In 1830 the settlor, Jeremiah Pilcher, transferred certain property to three trustees on trust for himself for life and then his children by his first marriage thereafter.One of the trustees was noted aural surgeon and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of England And Wales
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Courts of England and Wales#Senior Courts of England and Wales, Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lord Chief Justice of England and Wales, Lord Chief Justice and the Master of the Rolls, Master of the Rolls and Records of the Chancery of England respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court (England and Wales), County Court, High Court of Justice and Family Court (England and Wales ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Whitchurch, Hampshire
Whitchurch is a town in the borough of Basingstoke and Deane in Hampshire, England. It is on the River Test, south of Newbury, Berkshire, north of Winchester, east of Andover and west of Basingstoke. Much of the town is a Conservation Area. Because of the amount of wildlife in and near the River Test, its course and banks are designated as Site of Special Scientific Interest. Whitchurch is the Gateway to the North Wessex Downs Area of Outstanding Natural Beauty (AONB); the third largest of Britain's 46 AONBs. The West of England Main Line links the town's railway station to London, and two main roads bypass the town (the A34, a major north–south route, and the A303, a major east–west route History Earliest origins The name is Anglo Saxon in origin, and means 'white church', although there is evidence of occupation from the Iron Age, archaeological excavations having uncovered Roman and Iron Age pottery, tools and skeletal remains. In October 1987, members of the Andov ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Trusts Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * Eng ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal (England And Wales) Cases
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordinar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sweet & Maxwell
Sweet & Maxwell is a British publisher specialising in legal publications. It joined the Associated Book Publishers in 1969; ABP was purchased by the International Thomson Organization in 1987, and is now part of Thomson Reuters. Its British and Irish group includes W. Green in Scotland and Round Hall in Ireland. Sweet & Maxwell publishes Westlaw-UK, as well as the Lawtel, LocalawUK, Legal Hub, and DocDel on-line services. It also published many well-regarded looseleafs and books. Its flagship print products include the ''White Book'' (publishing the Civil Procedure Rules 1998, along with extensive commentary and additional material) and '' Archbold Criminal Pleading, Evidence and Practice'' (the leading practitioners' text for criminal lawyers in England & Wales and several other common law jurisdictions around the world). In 2003, its Asia division (with headquarters in Hong Kong, Malaysia, and Singapore) won the contract to supply law books to the Hong Kong government. Swe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jeffrey Hackney
Jeffrey Hackney (born 5 January 1941) is a legal academic specialising in property law, law of trusts, and legal history at the University of Oxford. He attended Wadham College, University of Oxford. He retired in 2009 from his position as a Fellow of Wadham College, Oxford (a post he had held since 1976), and is now an Emeritus Fellow and Keeper of the Archives for the College. He was previously a Fellow of St Edmund Hall, and has taught at various universities in North America as a visiting professor. He was Keeper of the Archives of the university from 1987 to 1995, and also chaired various university boards, as well as serving on the editorial board of the ''Oxford Journal of Legal Studies The ''Oxford Journal of Legal Studies'' is a legal journal published by Oxford University Press on behalf of the Faculty of Law, University of Oxford. According to the ''Journal Citation Reports'', the journal has a 2018 impact factor of 1.083, ...''. He currently holds the University ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constructive Notice
Constructive notice is the legal fictionThe phrase "legal fiction" should not be construed to mean that the concept of constructive notice is legally invalid. that signifies that a person or entity should have known, as a reasonable person would have, of a legal action taken or to be taken, even if they have no actual knowledge of it. Overview The doctrine is generally construed with regards to legal notices published, either by posting them at a designated place in a courthouse, or publishing them in a newspaper designated for legal notices. Because both methods of publication are available to the general public (courthouses being open to all members of the general public, and newspapers readily available in public places such as libraries), the person to whom the notice is being issued (even if issued in a generic form, such as "To All Heirs of John Smith, a Resident of Orange County") is considered to have received notice even if they were not actually aware of it. Another use ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Romilly, 1st Baron Romilly
John Romilly, 1st Baron Romilly PC (20 January 1802 – 23 December 1874), known as Sir John Romilly between 1848 and 1866, was an English Whig politician and judge. He served in Lord John Russell's first administration as Solicitor-General from 1848 to 1850 and as Attorney-General from 1850 and 1851. The latter year he was appointed Master of the Rolls, a post he held until 1873. Knighted in 1848, he was ennobled as Baron Romilly in 1866. Early life Romilly was born in London, the second son of Sir Samuel Romilly and the former Anne Garbett, a daughter of daughter of Francis Garbett of Knill Court, Herefordshire. After serving as Solicitor-General for England and Wales, his father became a Member of Parliament for Horsham, Wareham, Arundel, and Westminster. Among his siblings was sister Sophia Romilly (wife of Thomas Francis Kennedy, MP for Ayr Burghs), and younger brothers Charles Romilly (who married Lady Georgiana Russell, a daughter of John Russell, 6th Duke of Bed ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Master Of The Rolls
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the President of the Court of Appeal (England and Wales)#Civil Division, Civil Division of the Court of Appeal of England and Wales and Head of Civil Justice. As a judge, the Master of the Rolls is second in seniority in England and Wales only to the Lord Chief Justice of England and Wales, Lord Chief Justice. The position dates from at least 1286, although it is believed that the office probably existed earlier than that. The Master of the Rolls was initially a clerk responsible for keeping the "Rolls" or records of the Court of Chancery, and was known as the Keeper of the Rolls of Chancery. The Keeper was the most senior of the dozen Chancery clerks, and as such occasionally acted as keeper of the Great Seal of the Realm. The post evolved into a judicial one as the Court of Chancery did; the first reference to judicial duties dates from 1520. With the Supreme Court of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mortgage
A mortgage loan or simply mortgage (), in civil law jurisdicions known also as a hypothec loan, is a loan used either by purchasers of real property to raise funds to buy real estate, or by existing property owners to raise funds for any purpose while putting a lien on the property being mortgaged. The loan is " secured" on the borrower's property through a process known as mortgage origination. This means that a legal mechanism is put into place which allows the lender to take possession and sell the secured property ("foreclosure" or " repossession") to pay off the loan in the event the borrower defaults on the loan or otherwise fails to abide by its terms. The word ''mortgage'' is derived from a Law French term used in Britain in the Middle Ages meaning "death pledge" and refers to the pledge ending (dying) when either the obligation is fulfilled or the property is taken through foreclosure. A mortgage can also be described as "a borrower giving consideration in the form ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William Wood, 1st Baron Hatherley
William Page Wood, 1st Baron Hatherley, PC (29 November 1801 – 10 July 1881) was a British lawyer and statesman who served as a Liberal Lord High Chancellor of Great Britain between 1868 and 1872 in William Ewart Gladstone's first ministry. Background and education Wood was born in London, the second son of Sir Matthew Wood, 1st Baronet, an alderman and Lord Mayor of London who became famous for befriending Queen Caroline and braving George IV. Sir Evelyn Wood and Katharine O'Shea were his nephew and niece respectively. He was educated at Winchester College, from which he was expelled after a revolt against the headmaster, Woodbridge School, Geneva University, and Trinity College, Cambridge, where he became a fellow after being 24th wrangler in 1824. Legal and political career Wood entered Lincoln's Inn, and was called to the Bar in 1824, studying conveyancing in John Tyrrell's chambers. He soon obtained a good practice as an equity draughtsman and before parliamentar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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