Anonymous (1675) 1 Chan Cas 258
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1675 |
| Date | 01 January 1675 |
| Court | High Court of Chancery |
English Reports Citation: 22 E.R. 789
Chancery Division
anonymtjs. [1675.] Mortgagee Forfeit shall have Interest for his Interest.-Mortgagee assigning, the Assignee shall have Interest for the Interest then due. Note : This Hillary Vacation, a little before Michaelmas Term, the Lord Keeper declared it should be the Rule, That a Mortgagee of a Mortgage Forfeit should have Interest for his Interest, and should be only accountable for what Profits he should receive, and not for what he might have received, unless there were Fraud. And note: That it was always the Kule, That the Mortgagee assigning, the Assignee should have Interest for the Interest then due; and never was contradicted but in Porter and Hobart's Case, in the Time of the Lord Shaftsbury. Note : The Lord Keeper ruled that a Plea of Outlawry should be put in without Oath, because of the Averments of the Identities of Persons; and ruled that a Plea of the Privilege of Oxford should be put in without Oath, between Masters and Bush, 24 October last.
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Agnew v King
...with concurrence of mortgagor — Arrears of interest paid by transferee treated as principal bearing interest. Anon Bun. 41. AnonymousENR 1 Ch. Ca. 258. Ashenhurst v. JamesENR 3 Atk. 270. Bolton v. BuckenhamELR [1891] 1 Q. B. 278. Cottrell v. FinneyELR L. R. 9 Ch. 541. Gladwyn v. HitchmanENR......