The court held that under a mortgage by deposit under seal, a true equitable mortgage – that the expression ‘the mortgaged property’ in section 101 meant the property over which the mortgage deed purported to extend and was not limited to an equitable interest in that property.
Judges:
Wilberforce J
Citations:
[1964] Ch 483
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Swift 1st Ltd v Colin and Others ChD 27-Jul-2011
The parties disputed the effects of charges over a property. A charge had not been registered, but merely noted on the registers. The defendants had purchased it from another chargee acting under a power of sale. The defendants had applied to be . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 06 May 2022; Ref: scu.444945
