The Court considered whether certain facts were sufficient to establish an equitable mortgage by deposit of title deeds. Cave J said: ‘The law on the subject . . forms a branch of the equitable doctrine of the specific performance of oral contracts relating to land based on part performance. It has been held that there is an inference from the mere deposit of title deeds that it was intended to give an interest in the land, and in that way there is something more than a mere oral contract, something in the nature of part performance, so as to take the case out of the Statute of Frauds.’
Judges:
Cave, Wallis JJ
Citations:
(1886) 18 QBD 380
Jurisdiction:
England and Wales
Cited by:
Cited – United Bank of Kuwait Plc v Sahib and Others CA 2-Feb-1996
The bank appealed against a decision that the simple deposit of deeds with a bank did not take effect as an equitable charge.
Held: Depositing deeds with a bank is not sufficient to create a charge over them. The old law as to the creation of . .
Lists of cited by and citing cases may be incomplete.
Land, Equity
Updated: 29 March 2022; Ref: scu.434817