Did the case of Horsham kill the case of Boland Essay

Did the case of Horsham kill the case of Boland - Essay ExampleThe essay Did the case of Horsham kill the case of Boland? analyzes two cases about proprietary deviation and the confederacy between them.The case of Boland is concerned with the violation of wifes unregistered right of possession of her matrimonial home in which her spouse had an equal distribute but had his name alone shown as the registered proprietor of the property in the land register. The husband had mortgaged the property to Williams & Glynss Bank without his wifes knowledge even though they were living to growher in the same house. The mortgagee bank also did not care to verify with his wife if she had whatsoever bear on before lending her husband against the mortgage of the said property. The question was whether the wife had an overriding interest by virtue of section 70 (1) (g) enrolment Act 1925.since the appellant had sought to distinguish the word literal occupation as mentioned in the said section f rom her real status. The House of Lords ruled that actual occupation had only its literal meaning of physical presence and as long as she was physicall(a)y present in the matrimonial home with all the rights of an occupied. Hence the wife had an overriding interest even though it could be argued that hers was the equitable interest as a minor interest entitled her interest only in the proceeds of a sale. The mortgagee bank failed to verify the factual position at their peril. Thus an equitable mortgagee does not get priority over an equitable interest of which he is deemed to have constructive notice.