Search -
Reports of cases argued and determined in the High Court of Chancery
Reports of cases argued and determined in the High Court of Chancery Author:James Russell Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: assignment of a mortgage, by obtaining it himself at an ad,- vance, after notice, not allowed to take advantage of it, being mala fides. Evidence therefore of a ... more »parol agreement read against him under these circumstances. (1) NOTES AND OBSERVATIONS. The bill prayed that such of the defendants as were entitled to the equity of redemption, might either redeem or be foreclosed; and that the release of the equity of redemption given to Merry might be set aside, as fraudulent against the plaintiff. The defendant Merry's answer insisted upon having an assignment of the mortgage, on payment only of the sum of 2271. 10.y. in pursuance of the agreement. This answer is entered as read at the hearing, together with the deeds stated in the pleadings and several letters relative to the purchase under the agreement, andc. The cause was terminated by consent. The decree referred it to the Master, to take [ 4 ] an account of what was due to the plaintiff on the principal sum of 240/. (which he had paid for the assignment) with interest at 5 percent, from the time of its advancement, and to tax him his costs of the ejectment brought, and in that court. And it directed that the defendant Merry should pay the result within six months from the date of the report, whereupon the plaintiff should re-convey and re-assign, andc. It appears that Merry had filed a cross bill, which was by consent dismissed without costs. Richards v. Syms, cited in the report, is in Barn. Ch. Rep. 90, and 2 Eq. Ca. M. 617, pi. 2. (1) Lord Hardwicke, in Richards v. Syms, stated a point which would have assisted the defendant here if requisite, viz. that a person may rebut an equity as a defendant, in many cases where he cannot sue, and claim an equity as a plaintiff. See also (as to this point) in Wo...« less