Page images
PDF
EPUB
[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

AUBREY JOHN SPENCER, AMYAND JOHN HALL, ARTHUR CORDERY,
W. E. GORDON, G. HUMPHREYS, AND JOSEPH SMITH,

BARRISTERS-AT-LAW.

EDITOR:

JOHN MEWS.

SUB-EDITORS:

W. E. GORDON AND A. J. SPENCER.

VOLUME LXVIII.

[CONTEMPORARY WITH LAW REP. [1899] 1 & 2 CH.; AND LAW REP. [1899] A. C.]

LELAN STANFORD JJL
LIBRARY

PUBLISHED FOR THE PROPRIETORS AT THE OFFICE OF

THE LAW JOURNAL REPORTS, 119 CHANCERY LANE, LONDON.

1899.

[ocr errors][merged small]

JUDGES AND LAW OFFICERS.

MICHAELMAS 1899.

HER MAJESTY'S COURT OF APPEAL.

The Right Hon. Earl of HALSBURY, Lord High Chancellor, President.
The Right Hon. Baron RUSSELL OF KILLOWEN, G.C.M.G., Lord Chief Justice of
England.

The Right Hon. Sir NATHANIEL LINDLEY, Master of the Rolls.

The Right Hon. Sir FRANCIS HENRY JEUNE, K.C.B., President of the Probate, Divorce, and Admiralty Division.

The Right Hon. Sir ARCHIBALD LEVIN SMITH, Lord Justice of Appeal.

The Right Hon. Sir JOHN RIGBY, Lord Justice of Appeal.

The Right Hon. Sir RICHARD HENN COLLINS, Lord Justice of Appeal.

The Right Hon. Sir ROLAND VAUGHAN WILLIAMS, Lord Justice of Appeal. The Right Hon. Sir ROBERT ROMER, Lord Justice of Appeal.

HER MAJESTY'S HIGH COURT OF JUSTICE.
CHANCERY DIVISION.

The Right Hon. Earl of HALSBURY, Lord High Chancellor, President.
The Hon. Sir FORD NORTH.

The Hon. Sir JAMES STIRLING.

The Hon. Sir ARTHUR KEKEWICH.

The Hon. Sir EDMUND WIDDRINGTON BYRNE.

The Hon. Sir HERBERT HARDY COZENS-HARDY.

The Hon. Sir GEORGE FARWELL.

QUEEN'S BENCH DIVISION.

The Right Hon. Baron RUSSELL OF KILLOWEN, G.C.M.G., Lord Chief Justice of England, President.

The Hon. Sir JAMES CHARLES MATHEW.

The Hon. Sir JOHN CHARLES DAY.

The Hon. Sir ALFRED WILLS.

The Hon. Sir WILLIAM GRANTHAM.

The Hon. Sir JOHN COMPTON LAWRANCE.
The Hon. Sir ROBERT SAMUEL WRIGHT.
The Hon. Sir GAINSFORD BRUCE.

The Hon. Sir WILLIAM RANN KENNEDY.

The Hon. Sir EDWARD RIDLEY.

The Hon. Sir JOHN CHARLES BIGHAM.

[blocks in formation]

The Right Hon. Sir FRANCIS HENRY JEUNE, K.C.B., President.

The Hon. Sir JOHN GORELL BARNES.

Sir RICHARD EVERARD WEBSTER, Bart., Q.C., G.C.M.G., Attorney-General.

Sir ROBERT BANNATYNE FINLAY, Q.C., Solicitor-General.

DECISIONS

OF THE

CHANCERY DIVISION

AND ON APPEAL THEREFROM

TO THE

COURT OF APPEAL AND HOUSE OF LORDS

KEKEWICH, J.

1898. Oct. 27, 28.

AND

CASES IN LUNACY.

CHARTER v. WATSON.

Mortgage Equity of Redemption— Freeholds, Copyholds, and Policy of Insurance-Lapse of Time-Real Property Limitation Act, 1874 (37 & 38 Vict. c. 57), 8. 7.

Where real property and a policy of insurance have been included in one mortgage-deed, to secure one indivisible amount, and all subject to one and the same proviso for redemption, and the mortgagee has been in possession of the property for more than twelve years without giving any acknowledgment of the title of the mort· gagor, so that the right of the mortgagor to redeem the land has become barred by the Real Property Limitation Act, 1874, the right to redeem the policy will also be barred.

By two indentures and a surrender certain freeholds and copyholds and a policy of insurance were assured to Job Watson to secure the sum of 900l. and interest. The question in the action arose under the second deed.

By that deed, dated July 1, 1869, and made between Joseph Charter, of Somersham, in the county of Huntingdon, and the plaintiff, Sarah Charter, his wife, of

VOL. 68.-CHANC.

the one part, and Job Watson, of Hemingford Grey, in the same county, of the other part, it was witnessed that in consideration of a sum of 350. Joseph Charter and his wife granted certain freehold lands and a windmill to Job Watson in fee, subject to the proviso for redemption thereinafter contained; and the indenture also witnessed that for the considerations aforesaid Joseph Charter and his wife covenanted to surrender certain copyholds to such uses as Job Watson should by deed appoint, and in default to the use of Job Watson, his heirs and assigns for ever, subject to the proviso for redemption thereinafter contained; and the indenture further witnessed that for the considerations aforesaid Joseph Charter assigned to Job Watson, his executors, administrators, and assigns, all that policy of assurance on the life of Joseph Charter in the Royal Insurance Co. for 100%., dated April 28, 1860, and numbered 6,368, together with all bonuses, benefits, and advantages to be recovered by virtue of the said policy, and all the estate and interest therein of Joseph Charter, to hold the said policy of assurance to Job Watson, his executors, administrators, and assigns, absolutely, subject nevertheless to the proviso for redemption thereinafter contained-that was to say, that if Joseph Charter or his wife should pay to Job

B

« PreviousContinue »