Facts Alan Frazer and Flora Frazer were joint owners of a New Zealand dairy farm under the Land Transfer Act 1952 (NZ) (the Act). Mrs Frazer borrowed ₤3,000 from the Radomskis, using the dairy farm as security for this loan without her husband’s […]
Tag: priority interests
Abigail v Lapin [1934] AC 491
Facts The Lapins executed a transfer of Torrens title land to Mrs Heavener as security for a loan. The Lapins did not put a caveat on the title. Mrs Heavener then mortgaged the property to the Abigails and absconded with […]
Breskvar v Wall (1971) 126 CLR 376
Facts The Breskvars owned property as joint tenants. They borrowed some money and as security, provided the man who lent the money a blank transfer form. The man who lent the money inserted the name of his grandson, Wall. The […]
Gibbs v Messer [1891] AC 248
Facts A woman owned land and gave her solicitor the certificate of title and a power of attorney giving power to her husband. The solicitor forged a transfer to a fictitious person and removed the woman’s name from the register. […]