238 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Facts :
Peter Brown died and left a Will wherby he made a trust of his personal estate and of the monies to arise from the sale of his real estate and directed his executors to invest the same and pay interest to his son Zachariah Brown during his life. The income came to about £ 93 a year.
On 19th December 1808, Brown, in consideration of £204 paid to him by William Dearle, assigned a part of his annuity of £ 37. On 26th September 1809, Brown, in consideration of £ 150, assigned another part of his annuity of £ 27 to Sherring, subject to the assignment in favour of Dearle.
Neither Dearie nor Sherring had given notice of assignment to the executor.
In 1812 Brown advertized the life interest of 93 pounds p. a. in trust funds for sale as an unincumbered fund.
Joseph Hall proposed to purchase it and through his Solicitor investigated Brown’s title. He also made inquiries of the executors, who knew of no incumbrance affecting Brown’s interest. Thereupon Hall purchased Brown’s interest for £ 711 -3-6 and had it assigned to him.
On the 25th April 1812, Hall gave the executors written notice of the assignment to him.
On the 27th October 1812, Dearie and Sherring gave notice of their assignment to the executors.
The executors refused to pay any one of the three until their rights were decided.
Dearle and Sherring brought a Bill in chancery against Hall praying that the income of £ 93 should be applied in satisfying their’s before that of Joseph Hall.
Dearle contended that the doctrine first in time is first in law should be applied and as he was first he should be preferred to Hall.
Held No. Hall should be preferred.