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Law Cases
Land Law Cases
Registration Cases

Hunt v Luck [1902] 1 Ch 428

Country:
United Kingdom
By Oxbridge Law Team
Vaughan Williams LJ

  • G had fraudulently got Plaintiff to hand over some property to him, which G later mortgaged to Defendant.

  • Plaintiff claimed that the transaction was void since Plaintiff’s consent was vitiated.

  • CA found that Defendant was not given actual or constructive (i.e. presumed) notice of Plaintiff’s lack of consent and therefore Defendant’s title was good.

Vaughan Williams LJ

If a purchaser or a mortgagee has notice that the vendor or mortgagor is not in possession of the property, he must make inquiries of the person in possession - of the tenant who is in possession - and find out from him what his rights are, and, if he does not choose to do that, then whatever title he acquires as purchaser or mortgagee will be subject to the title or right of the tenant in possession.

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