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The Law Reports Volume 44; Chancery Division, and on Appeal Therefrom in the Court of Appeal, and Decisions in the Court of Protection

The Law Reports Volume 44; Chancery Division, and on Appeal Therefrom in the Court of Appeal, and Decisions in the Court of Protection


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1890 Excerpt: ...contrary in the Act; but sect. 87 Van Gelder, excludes the ordinary powers of a mortgagor as between the mortgagee and the world; it gives the mortgagee powers which, to the outside world, make him owner. cotton, L.J.: --As at present advised, I think that sect. 87 does not apply, for the banking company are not entered on the register as " proprietors," but as " mortgagees." Assuming that they are not proprietors, we submit that they ought to be here in order that complete justice may be done in the presence of all parties interested. Suppose an account directed, it will not be binding on the mortgagees if they are not here. cotton, L.J.: --Subjectto what may be said in reply, I think they ought to be here; but you never took that objection. Bergmann v. Maemillan (1) supports the view that they ought to be here, that the account may be taken once for all. Sir H. Davey, in reply, was directed to confine himself to the question whether the mortgagees ought not to be made defendants. In Fairclough v. Marshall (2) it was said by the Court of Appeal that unless it could be shewn that the security of the mortgagees would be damnified by anything which took place in the suit they were not necessary parties. Now here the mortgagees could not be damnified. If the Plaintiffs succeed, the position of the mortgagees would be improved, but their being parties would not help. They could not argue in support of the Plaintiffs' case, and there would be no res judicata as between them and their co-Defendants. Their presence will be utterly useless unless and until the Court directs an account of profits, in which case their presence will be wanted. It is too late now for the Defendants to take an objection for want of parties: Werderman v. Societe General...


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Product Details
  • ISBN-13: 9781232197058
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 292
  • Spine Width: 15 mm
  • Width: 189 mm
  • ISBN-10: 123219705X
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 526 gr


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