A mortgage sale for purposes other than merely to recover payment of the debt was a ‘fraud on a power’.
Judges:
Stuart V-C
Citations:
(1857) 4 Jur NS 155
Jurisdiction:
England and Wales
Cited by:
Disapproved – Nash v Eads CA 1880
Sir George Jessel MR: ‘The mortgagee was not a trustee of the power of sale for the mortgagor, and if he was entitled to exercise the power, the Court could not look into his motives for so doing. If he had a right to sell on June 1, and he then . .
Not followed – Meretz Investments Nv and Another v ACP Ltd and others ChD 30-Jan-2006
The applicant challenged the exercise of a power of sale under a mortgage, saying that the mortgagee’s purposes included purposes not those under the mortgage. The parties had been involved in an attempted development of a penthouse.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 24 October 2022; Ref: scu.241333