The court rejected the contention that the limitation period was 20 years for a case of an action on a collateral bond. The sum secured by a mortgage on land and also secured by a covenant in the deed is one and the same sum ‘so that when the right of suit or action in respect of the land is gone, the right on the covenant ceases also’.
Judges:
Fry J
Citations:
(1882) 22 Ch D 57
Cited by:
Cited – Wilkinson and Another v West Bromwich Building Society CA 30-Jul-2004
The Society had repossessed and sold the mortgagors’ house in 1990. It knew then that there was a shortfall, but took no further recovery proceedings until 2002. What was the date from which the relevant limitation period began to run? Though the . .
Lists of cited by and citing cases may be incomplete.
Land, Limitation
Updated: 30 April 2022; Ref: scu.199715