222 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
obtain reconveyance. The legal estate remained outstanding in Holbrook.
On the death of Jones Meredith, his shop assistant forged a will of Jones and on its vests obtained possession of the house.
Meredith mortgaged it to Hall by a conveyance.
Meredith died leaving his wife to whom he left the equity of redemption by a will and thereafter to James Jones.
James Jones conveyed it to Watkins.
James Jones & Watkins became partners and mortgaged the property to Powles who acquired possession as mortgagee.
Powles died leaving his wife Sarah.
Sara Powles secured surrender of the estate and full ownership.
Sara Jones sued Sara Powles alleging that the will was a forgery and that Sara Powles had notice and that she could not defeat her right to redeem.
(c) The purchaser should obtain a legal right. But this may be:
(i) at the time of his purchase, or
(ii) he may get it subsequently.
(ii) The purchaser must have given valuable consideration for his right.
A volunteer is always subject to an equitable right. The reason is that he does not suffer by being made liable to the prior equitable right not having paid any consideration.
An existing debt is, however, sufficient consideration.
Illus. Thorndike vs. Hunt.
I had paid no consideration. His right was a sort of an existing debt against the trustee.
(iii) The purchaser must have acquired the right without notice of the existence of the prior equitable right.
This is the most (important)* element in the proposition and the question that arises for consideration is : (further portion not found—ed.)
- Inserted—ed