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 an outstanding satisfied term got in with notice of the prior equity. No case has been found where such a term was got in without notice of the prior equity. Sir George Jessel, M. R., put the case, however, in Mumford v. Stohwasser, and expressed a strong opinion that the later equitable claimant could not use the term as tabula in naufragio, because, having acquired it as a volunteer, he could not honestly retain it.

The common illustration of the ancient rule is the English doctrine of tacking, whereby a third mortgagee, who advanced his money in ignorance of a second mortgage, is permitted upon discovering its existence to buy up the first mortgage, to tack his own to it, and so “squeeze out” the second. This doctrine has found no support in this country, and has been the subject of much adverse criticism in England. Even if a third mortgagee should buy up the first mortgage, being still in ignorance of the second, he would not, upon principle, be entitled to priority over the second mortgagee. For, as he gave his money solely for the first mortgage, if he should be allowed to get anything more than that, he would get it for nothing, and could not, therefore, honestly keep it at the expense of the second mortgagee.

It is possible, however, for a later equitable claimant, who has already paid his money, to obtain the legal title afterwards for