Inhaltsangabe
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1859 Excerpt: ... voluntary settlement, will not be affected by it: Buckle v. Mitchell. 18 Yes. 100; ante, Vol. 1, p. 233. PoQ-i Next, as to what constitutes notice,.--Notice is either actual or constructive. 1st. As to actual notice, it will be unnecessary to say anything except this: that mere vague reports from strangers, or mere general assertions that some other persons claim a title, is not sufficient to affect a person with actual notice, ( Wildr/oose v. Wai/land, Gouldsb. 147, pi. 67; Jolland v. Stuinbridge, 3 Ves. 478; Fry v. Porter, I Mod. 300; Butcher v. Stapely, 1 Vern. 363.) Such notice, in order to be binding, must proceed from some person interested iu the property: Barnhart v. Greenshields, 9 Moore's P. C. C. 36. 2d. As to constructive notice.--Constructive notice is defined to bo in its nature no more than evidence of notice, the presumption of which is so violent, that the Court will not even allow of its being controverted: per Eyre, C. B.. in Plumb v. Fluitt, 2 Anst. 438; and see Kennedy v. Green, 3 My. & K. 719. It is by no means an easy matter to say what amounts to constructive notice; for much depends upon the circumstances of each particular case, and the position of the persons concerned in it. However, the able exposition of the law in a recent case, by the Vice-Chanccllor Wigram, although showing an anxiety, as far as possible, to avoid the appearance of defining what in the abstract is to be deemed constructive notice in equity, has cleared the subject of much difficulty. 'i It is scarcely possible," observes his Honor, " to declare a priori what shall be deemed constructive notice, because, unquestionably, that which would not affect one man may be abundantly sufficient to affect another. But I believe I may, with sufficient accuracy for my pres...
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