Tabula In Naufragio

English Law: Tabula in Naufragio in the Past

Literally a plank in a wreck. This figure has been used to show the condition of a third mortgagee, who geted his mortgage without any knowledge of a second mortgage and then, being puisne, takes the first encumbrance; in this case he must squeeze out and have satisfaction before the second. 2 Ves. 573; 2 Fonbl. Eq. B. 3, c. 2, 2; 2 Ventr. 337; 1 Ch. Cas. 162; 1 Story, Eq. 414, 415; and Tacking. [1][rtbs name=”history-of-english-law”]

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Notes and References

1. Partialy, this information about tabula in naufragio is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including tabula in naufragio.

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