The court was asked as to a mortgagee’s entitlement to require the mortgagor to pay all arrears of interest as a condition of redemption, even if some of the arrears would be statute-barred if the mortgagee were seeking to recover them by action, or to retain all such arrears on accounting to the mortgagor for the proceeds of a sale by the mortgagee.
Held: The mortgagee was not affected by the limitation statute because it was not seeking to recover the interest by bringing an action.
Citations:
[1903] 1 Ch 385
Land, Limitation
Updated: 18 May 2022; Ref: scu.277163
