In Public Trustee v. Arthur, 25 S.A.L.R., p. 59, Way, C.J., held “fraud” to mean “any dealing with somebody else’s estate and an intention to interfere with it to that person’s injury.” In Hogg on Ownership and Incumbrance of Registered Lands, at p. 151, the learned author says:— “It is consistent both with good faith and the scheme of the system that other persons than the registered proprietor should be known to have interests in the land, not appearing on the face of the register, and to effect registration with the knowledge of the existence of such interests may be justifiable and proper. But to effect registration, with the knowledge that another person is also taking steps to effect registration in respect of the same property, could hardly, under any circumstances, be otherwise than dishonest and fraudulent.”
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.