GREGORY v. ALGER

19 VLR 565·WILLIAMS, HOOD, and A’BECKETT, JJ.
19 VLR 565
19 VLR 565
GREGORY v. ALGER Supreme Court of Victoria (Full Court) WILLIAMS, HOOD, and A’BECKETT, JJ. August 24, 25, 1892. March 13, 1893, 05 June 1893 Transfer of Land Act 1890 (No. 1149), ss. 74 and 140 — Protection of dealings with registered proprietor — Administrator registered as proprietor — Mortgage by administrator to secure own debt — Constructive fraud — Actual fraud .

"Fraud," in sec. 74 of the Transfer of Land Act 1890 (No. 1149), which provides that the proprietor of land under that Act shall, "except in the case of fraud," hold the same subject to such encumbrances as are notified on the certificate of title but absolutely free from all other encumbrances whatsoever, with certain exceptions therein mentioned, means moral turpitude—actual dishonest dealing—and does not include what is known as "constructive fraud."

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19 VLR 565

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