Did the case of Horsham kill the case of Boland Essay

Did the case of Horsham kill the case of Boland - Essay utilizationThe essay Did the case of Horsham kill the case of Boland? analyzes two cases about proprietary deviation and the connection amidst them.The case of Boland is concerned with the violation of wifes unregistered right of possession of her matrimonial berth in which her spouse had an equal share but had his name alone shown as the registered proprietor of the holding in the land register. The husband had mortgaged the property to Williams & Glynss Bank without his wifes knowledge even though they were living together in the same house. The mortgagee bound also did not care to verify with his wife if she had any interest before lending her husband against the mortgage of the express property. The question was whether the wife had an overriding interest by virtue of voice 70 (1) (g) Registration turn of events 1925.since the appellant had sought to distinguish the word actual occupation as mentioned in the said se ction from her real status. The House of Lords ruled that actual occupation had only its literal meaning of physical front man and as long as she was physically present in the matrimonial home with all the rights of an occupied. thus the wife had an overriding interest even though it could be argued that hers was the equitable interest as a minor interest entitled her interest only in the proceeds of a sale. The mortgagee bank failed to verify the factual position at their peril. Thus an equitable mortgagee does not get antecedency over an equitable interest of which he is deemed to have constructive notice.