The principles which applied before 1926 with respect to the priorities of legal and equitable mortgages of, and other interests in, land1 were not abrogated by the Law of Property Act 1925, 2and that Act does not affect any question arising out of or consequent upon any omission to obtain or any other absence of possession by any person of documents relating to a legal estate in land3. A mortgagee taking a legal estate still has priority over an earlier equitable incumbrance of which he had no notice when he made his advance
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