The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday March 30 1925

Jayaswal's great contribution to the early history of the Hindus has survived all such spurious attempts to take the shine out of his work and after the many vicissitudes tlia t it had 01 undergo since it attracted the attention of the Calcutta University it has emerged as one of the most atonal contributions to:the history of ancient India from the pen of an Indian non-Brahmin scholar of the pre [...] The moment the assignor Comes to own the property answtring the decription given in the contract equity looks upon the ownership of the assignor as that of a trustee for the benefit of the assignee in accordance with the maxim which Lord Thurlow said he took to be universal " that whenever persons agree concerning any partcular subject that in a Court of Equity as against the party [...] CLV against public policy inasmuch as the tranferee in order to achieve the fruit of his bagain may yield to the temptation of bringing about somehow or other the end of the life which stands between his transferor and the property the subje%t-matter of the contract. [...] 43 of the Act is an illtutration of the intention of the Legislature to recognise the validity of the transaction under consideration. [...] By puchase the legal title passes and vests in the vendee and inasmuch as he ha n s o notice of the existence of the encumbrance therefore Its between the mortgagee and the vendee equities being equal the law prevails and the vendee defeats the mortgagee.