Aiken v Short
| Jurisdiction | England & Wales |
| Judgment Date | 07 June 1856 |
| Date | 07 June 1856 |
| Court | Exchequer |
English Reports Citation: 156 E.R. 1180
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S. C 25 L. J. Ex. 321, 4 W. R 645. Referred to, Deutsche Bank (London Agency) v. Berno, 1895, 73 L T. 6669, 1 Com. Cas. 255, In re The Bodega Company Limited, [1904] 1 Ch. 286, Maskell v Horner, [1915] 3 K. B 114.
1180 AIKEN V SHORT 1 H & N. 210 [210] aiken, Public Officer, &c. v elizabeth short, Executrix of Francis Short June 7, 1856.-The defendant, an executrix, being entitled to 2001 lent by the testator in his lifetime, and secured to him by bond and an equitable mortgage, applied to C., the debtor, for payment C. leferred her to a bank which had purchased of him the mortgaged property, subject to the charges thereon The bank paid the 2001 It tinned out that bv a will prepared and attested by the testator, and made subsequently to that under which C had claimed, but which had been suppressed by the family of C , C had no title to the property so charged. Held, that the bank could not recover back the money as having been paid under a mistake of facts [S. C 25 L. J. Ex. 321, 4 \V. R 645. Referred to, Deukc/ie Bank (London Agency} v. Eemo, 1895, 73 L T. 669 , 1 Com. Cas. 255 , In it The fiodeeja L'ompany Limited, [1904] I Ch. 286, Maskell v 'Huin.fi, [1915] J K. B 114.J Action for money had and received Plea, tievei indebted. At the trial befoie Platt, B., at the Middlesex sittings, in last Hilary Teim, the following facts were proved ò-The defendant was the widow and sole executrix of Francis Short, who died in 1853. One Edwin Catter had made a will, elated February 1846, by which he gave his propeity equally amongst his eight bi others and sisters, of whom George Carter was one This will was proved aftei his death, which took place in 1847, by John Carter the younger Geoige Caiter being largely indebted to Stuckey's Banking Company, by deed dated the 15th Januaiy, 1855, conveyed to the Banking Company his one-eighth share in the property of Edwin Cartel, to which he professed to be entitled under this will, subject to the charges upon it George Carter waa at that time indebted to the defendant, as executrix of Francis Short, in the sum of 3001., which was secured by an equitable mortgage of the property devised to him by Edvrin Carter's will, and by the joint and several bond of George Carter, John Carter and Charles Carter, dated October 1850 The equitable charge was recited in the deed of the 15th January, and at the time of the execution of that deed rt was agreed, as between George Carter and the Bank, that the Bank should pay off this sum of 2001. and interest. In May 1855 the Bank made...
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