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Excerpt from The Revised Reports, Vol. 82: Being a Republication of Such Cases in the English Courts of Common Law and Equity, From the Year 1785, as Are Still of Practical Utility; 1848-1850, 7 Hare, 9 Common Bench, 8 Exchequer, 7 Dowling and Lowndes, 1 and 2 Bail Court Reports
Parke was as broad-minded and sensible a judge as could be desired.
Wiles v. Woodward, p. 764, is an interesting example of conversion by estoppel.
A learned friend writes to suggest that Forster v. Iioggart, 81 R. R. 528, should have been accompanied by a reference I to 88. 19 - 21 of the Conveyancing Act, 1881. We hardly think our readers need to be told that mortgagees now have a statutory power of sale, or that its terms and incidents are not necessarily the same as those of any express power which may have come before the Court in an earlier case. Our learned correspondent adds that Forster v. Hoggart scanis now to have but a limited application. As regards England, we agree; but we have to consider other jurisdictions as well, and we do not think it would have been safe to treat the case as wholly devoid of practical utility.
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