NATIONAL BANK OF AUSTRALASIA v. MORROW

13 VLR 2·HIGINBOTHAM, C.J., HOLROYD, and KERFERD, JJ.

13 VLR 2

NATIONAL BANK OF AUSTRALASIA v. MORROW Supreme Court of Victoria (Full Court) HIGINBOTHAM, C.J., HOLROYD, and KERFERD, JJ. December 8, 1886. February 3, 4, 15 February 1887 Transfer of Land Statute — S. 106 — Purchaser at sheriff's sale — Entry of transfer — Rights of equitable mortgagee — Practice — Argument on points of law before trial of issues of fact — Ord. XXV., r. 9 — Points not raised on pleadings — Right to begin .

Under sec. 106 of Act No. 301, a purchaser of land at a sheriff’s sale under a writ of fi. fa., does not become the transferee nor can he be deemed the proprietor thereof, until such transfer is entered by the registrar in the register-book.

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