Rice v Rice (1853) 61 E R 646 – Law Case Summaries

The vendors sold a house for a sum
Before that sum was paid in full, they conveyed title to the purchaser
The purchaser then absconded, and mortgaged the property to the mortgagee, who had no idea of the circumstance

The rule should be, when two equitable interests are the same in all respects except time, then qui prior est tempore potior est jure.
Time considerations should be a last resort. You must look at whether one interest is better.
When determining which equitable interest is “better”, the Courts must look at; the nature and condition of their respective equitable interests, the circumstances and manner of their acquisition, and the conduct of each party
The possession of the title gives better equity generally. There are exceptions to this though
The vendors armed the purchaser by giving them title
The mortagee is bona fide