Stuart Stone
Title. A mark, style, or designation; a distinctive appellation; the name by which anything is known. Thus, in the law of persons, a title is an appellation of dignity or distinction, a name denoting the social rank of the person bearing it; as "duke" or "count."
Clear title, good title, merchantable title, marketable title, are synonymous; "clear title" meaning that the land is free from incumbrances, "good title" being one free from litigation, palpable defects, and grave doubts, comprising both legal and equitable titles and fairly deducible of record.
'Comprising both legal and equitable titles and fairly deducible of record.'
Equitable title. A right in the party to whom it belongs to have the legal title transferred to him; or the beneficial interest of one person whom equity regards as the real owner, although the legal title is vested in another.
Legal title. One cognizable or enforceable in a court of law, or one which is complete and perfect so far as regards the apparent right of ownership and possession, but which carries no beneficial interest in the property, another person being equitably entitled thereto; in either case, the antithesis of "equitable title."
As holder in due course of the bill of lading, does that confer 'legal title', while liening the name secures 'equitable title'...help guys, please...
Printed copy · Anthology Volume 6, page 508 · cut by a page break
