The tenant resisted ejectment by the landlord’s mortgagee. His tenancy had been created after the mortgage.
Held: The mortgagee seeking ejectment did not first need to give a tenant a notice to quit. Mansfield CJ said: ‘Whoever wants to be secure when he takes a lease should inquire after and examine the title deeds.’ For time to run against a mortgagee and bar his right to recovery of the mortgaged land, the mortgagor must be in adverse possession of the land being in possession without any right and without the consent, express or implied, of his mortgagee.
Judges:
Mansfield CJ
Citations:
(1778) 1 Doug KB 21, [1775-1802] All ER Rep 116, [11778] 99 ER 17
Cited by:
Cited – National Westminster Bank Plc v Ashe (Trustee In Bankruptcy of Djabar Babai) CA 8-Feb-2008
The mortgagees had made no payments under the charge for more than twelve years, and had remained in possession throughout. They argued that the bank were prevented from now seeking to enforce the charge. The bank argued that the possession had not . .
Lists of cited by and citing cases may be incomplete.
Land, Limitation, Landlord and Tenant
Updated: 15 May 2022; Ref: scu.264291