TACKING. In English LaW. The union of securities given at different times, so as to prevent any intermediate purchaser's claiming title to redeem or otherwise die. charge one lien which is prior, without re deeming or disch'arging other liens also which are subsequent, to his own title. Jeremy, Eq. Jur. b. 1, c. 2, 1, pp. 188-191 ; 1 Story, Eq, Jur. 412.
2. It is an established doctrine in the Eng: lish chancery that a bond fide purchaser ana without any notice of a defect in his title at the time of the purchase may lawfully buy any statute, mortgage, or incumbrance, and if lie van defend by those at law his adver sary shall have no help in equity to set those incumbrances aside, for equity will not dis arm 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 may prior in cumbrance may, by getting an assignment of a statute, judgment, or recognizance, pro tect himself from any incumbrance subsequent to such statute, 4uagment, 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 hie mortgage, before the prior mort gagees are entitled to recover any thing. 2
Fonblanque, Eq. 306 ; 2 Cruise, Dig: t. 15, c. 5, s. 27 ; Powell, Mortg. Index ; 1 Vern. Ch. 188 ; Maddock, Chanc. Index.
3. This doctrine is inconsistent with the lawe,of the several states, which require the recordin_g of mortgages. 1 Caines, Cas. N. Y. 112 ; 1 Hopk. Ch. N. Y. 231 ; 2 Pick. Mass. 517 ; 3 id. 50 ; 12 CORD. 195 ; 14 Ohio, 318 ; 11 Serg. & R. Penn. 208 ; 8 Dan. Ky. 82 ; 1 White & T. Lead. Cas. Am. ed. 406.
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 Toullier, 110. But this tacking could not take place to the injury of intermediate incumbrancers. Story, Eq. Jur. 1010, and the authorities cited in the note.