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Legarda v. Saleeby
Legarda v. Saleeby
591
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JOHNSON, J.:
592
593
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595
597
601
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I dissent.
In cases of double or overlapping registration, I am
inclined to .agree with the reasoning and authority on
which it is held in the majority opinion (first) that the
original holder of the prior certificate is entitled to the land
as against the original holder of the later certificate, where
there has been no transfer of title by either party to an
innocent purchaser; both, as is shown in the majority
opinion, being at fault in permitting the double registration
to take place; (second) that an innocent purchaser claiming
under the prior certificate is entitled to the land as against
the original holder of the later certificate, and also as
against innocent purchasers from the holder of the later
certificate; the innocent purchaser being in no wise at f ault
in connection with the issuance of the later certificate.
But I am of opinion that neither the authorities cited,
nor the reasoning of the majority opinion sustains the
proposition that the original holder of the prior certificate
is entitled to the land as against an innocent purchaser
from the holder of the later certificate,
As to the text-book authorities cited in the majority
opinion, it is sufficient to say that the rules laid down by
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occasion to apply this equity rule that "it should be the last
test resorted to," and that "it never prevails when any other
equitable ground for 'preference exists." (See 19 Cent. Dig.,
tit. Equity, par. 181; and many cases cited in 16 Cyc., 139,
note 57.) It follows that the general rules, that in
606
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608
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613
614
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