References: , [1836] EngR 780, (1836) Donn Eq 82, (1836) 47 ER 241 (B)
Links: Commonlii
Coram: Lord Cottenham LC
The words in a Settlement to raise Money by ‘Mortgage, Annuity or otherwise,’ authorises a Sale of a reversionary Estate.
Lord Cottenham LC said that the rule by which a purchaser becomes in equity the owner of the property sold ‘applies only as between the parties to the contract, and cannot be extended so as to affect the interests of others.’
This case is cited by:
- Appeal from – Tasker -v- Small And Matilda, His Wife, Charles S Ashford, B R Baker, Thomas Mann, Thomas Phillips, Joseph Wakeford, Thomas Hawkins, And Sarah Baker (, Commonlii, [1837] EngR 1060, (1837) CP Coop 255, (1837) 47 ER 494 (B))
One Defendant appeals. Order made thereupon dismissing bll upon grounds equally applicable to other Defendants who did not join in the appeal. Such other defendants can have no benefit of such order, although it renders the decree useless. . . - Cited – Scott -v- Southern Pacific Mortgages Ltd and Others SC (Bailii, [2014] UKSC 52, Bailii Summary, [2014] HLR 48, [2015] 1 AC 385, [2014] 3 WLR 1163, [2014] WLR(D) 447, WLRD, Bailii Summary, UKSC 2012/0102, SC, SC Summary)
The appellant challenged a sale and rent back transaction. He said that the proposed purchaser had misrepresented the transaction to them. The Court was asked s whether the home owners had interests whose priority was protected by virtue of section . . - Cited – Inland Revenue Commissioners -v- G Angus & Co CA ((1889) 23 QBD 579)
Lord Esher MR rejected an argument that a specifically enforceable contract or agreement for the sale of land is in truth a conveyance: ‘And it is said that, when an agreement is such that equity will grant specific performance of it, it is to be . .
(This list may be incomplete)
Last Update: 30-Oct-15 Ref: 315112