Commentary

37 The rule in Dearle v Hall

CHOSES IN ACTION vol 7
| Commentary

37 The rule in Dearle v Hall

| Commentary

37 The rule in Dearle v Hall

The rule in Dearle v Hall1 is that the priority of successive interests depends on the order in which notice of the respective dealings was received by the debtor, fund holder or, in the case of settled land, the trustees of the settlement2. Where notice of two or more dealings is received more or less simultaneously, their priority will depend on the order of their having been made3. The basis of the rule is that by failing to give notice of his interest to the debtor, fund holder or trustees,

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