Engl. law. The union of securities given at different times, so as to prevent any intermediate purchasers claiming title to redeem, or otherwise discharge one lien, which is prior, without redeeming or discharging other liens also, which are subsequent to his own title. Jer. Eq. Jur. B. 1, c. 2, §1, p. 188 to 191; 1 Story, Eq. Jur. §412.
2. It is an established doctrine in the English chancery that a bona fide purchaser
and without any notice of a defect in his title at the time of the purchase, may lawfully buy any statute, mortgage, or encumbrance, and if he can defend by those at law
, his adversary
shall have no help in equity
to set those encumbrances aside, for equity will not disarm such a purchaser. And as mortgagees are considered in equity as purchasers pro tanto
, the same doctrine has extended to them, and a mortgagee who has advanced his money without notice
of any prior encumbrance, may, by getting an assignment of a statute, judgment, or recognizance, protect himself from any encumbrance subsequent to such statute, judgment or recognizance, though prior to his mortgage; that is, he will be allowed to tack or unite his mortgage to such old security, and will by that means be entitled to recover all moneys for which such security was given, together with the money due on his mortgage, before the prior. mortgagees are entitled to recover anything. 2 Fonbl. Eq. 306; 2 Cruise, t. 15, c. 5, s. 27; Powell on Morg. Index, h. t.; 1 Vern. 188; 8 Com. Dig. 953; Madd. Ch. Index, h. t.
3. This doctrine is inconsistent
with the laws of the several states, which require the recording of mortgages. Caines' Cas. Er. 112; 1 Hop. C. R. 231; 3 Pick. 50; 2 Pick. 517.
4. The doctrine of tacking seems to have been acknowledged in the civil law, Code, 8, 27, 1; but see
Dig. 13, 7, 8; and see 7 Toull. 110. But this tacking could not take place to the injury of intermediate
encumbrancers. Story on Eq. §1010, and the authorities cited in the note.