The court was asked (1) Was the assurance to the Plaintiff Company of the unexpired residue of a term of years in house property in London an assurance of land in mortmain within the terms of section 1 of the Mortmain and Charitable Uses Act, 1888? (2) If so, was the term so assured automatically forfeited to the Crown by virtue of the same subsection?
Held: Both questions were answered affirmatively.
Citations:
[1955] 1 QB 1
Statutes:
Mortmain and Charitable Uses Act 1888
Cited by:
Per incuriam – Morelle Ltd v Wakeling CA 1955
The plaintiff asserted ownership of leasehold land. A similar situation had arisen in an earlier case befoe the Court of appeal, and the court was asked to decide that that case had been decided per incuriam.
Held: The per incuriam principle . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant, Charity
Updated: 18 May 2022; Ref: scu.272569
