The Jackson dissent explained that the recording requirements exist because "it [is] important, not only to the parties to the mortgage itself and to assignees, but to subsequent incumbrancers
, creditors, and contemplating purchasers, that some permanent and accessible evidence of the existence and contents of the mortgage, and of the title to the same should be provided." (213) The dissent further explained that the purposes of the recording statutes "are not served if the only thing that is disclosed is the identity of the holder of bare legal title to the mortgage and if all others who have had an interest in the mortgage can remain undisclosed." (214)
In fact, several thousand landowners, land agents, and incumbrancers contributed both money and manpower to a number of combinations designed to parry the thrusts of the Land League, the National League, and the Home Rule party.
In a long letter to the Times on 1 November 1881, Courtown urged Catholic as well as Protestant incumbrancers or mortgagees, annuitants, and land agents to join the fight against boycotting and intimidation.
In 1885, Wentworth Erck, who owned a small estate in Wicklow, founded the Irish Landlords and Incumbrancers' Association (ILIA).