The Law Reports: Stephen Percy Groves
(Land 1862 - Mortgage -court case July 1871)
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The Law Reports
-By Great Britain Court of Chancery, George Wirgman Hemming
London: Printed for the Incorporated Council of Duty Reporting for
England and Wales.
Page 392
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Law Reports By Great Britain Court of Chancery, George Wirgman Hemming
| This entry is included because his middle name probably reflects a
'mother's maiden name' And many other names were included, so I could
not justify leaving this off the list. By an indenture dated the 6th of September 1862 Frances Osborn and Jane Jessard Osborne being owners as tenants in common in fee of certain hereditaments in the county of Kent conveyed the same to Stephen Percy Groves Edward Nathaniel Conant and Charles Ellis in fee by way of mortgage to secure 2500 and interest By an indenture dated the 8th of June 1867 Groves, Conant and Ellis assigned their mortgage debt and conveyed the hereditaments subject thereto to Richard Coleman and Robert Potter in fee. Frances Osborn and Jane Jessard Osborn had both died having devised their respective moieties of the mortgaged hereditaments to trustees upon trusts for sale and the property had accordingly been sold for 6000 but no conveyance to the purchaser had as yet been executed. Subsequently to the assignment of the 8th of June 1867 Robert Potter left the country and was now resident abroad. So much of the purchase money as was payable to Coleman and Potter as mortgagees of the property had been invested in their joint names and a Petition was now presented under the Trustee Act 1850 by Coleman and the devisees in trust under the wills of Frances and Jane Jessard Osborn praying that the Petitioners might be ap pointed to convey to the purchaser the hereditaments comprised in the indenture of the 6th of September 1862 for all the estate of Robert Potter therein. Mr W.W. Streeten in support of the Petition referred to the Trustee Act 1850 (s 10 (1)) and contended that Potter was now in the position of a trustee residing out of the jurisdiction. Mr Spencer Butler for the purchaser was willing that the order should be mode if the Court had power to make it but he called attention to the interpretation clause (s 2) of the Act which provides that the word trust shall not mean the duties incident to an estate conveyed by way of mortgage and submitted that part of the duty of a mortgagee was to execute a reconveyance when the mortgage debt was paid off and consequently that the Court had no jurisdiction to make the order prayed for .... continued.... ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ To read the balance of this case go to the following link, on Google Books. The Law Reports By Great Britain Court of Chancery, George Wirgman Hemming |
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