Benjamin Lewes
| Jurisdiction | England & Wales |
| Judgment Date | 26 January 1849 |
| Date | 26 January 1849 |
| Court | High Court of Chancery |
English Reports Citation: 41 E.R. 1170
HIGH COURT OF CHANCERY
In the Matter of Benjamin Lewes
S. C. 1 H & Tw. 123; 18 L. J. Ch. 153; 13 Jur. 548.
[23] In the Matter of benjamin lewes, a Lunatic, and lu the Matter of the act 1 W. 4, c. 60. Jan. 26, 1849. [S. C. 1 H. & Tw. 123; 18 L. J. Ch. 153; 13 Jur. 548.] Where it clearly appeared that the lunatic was a trustee of mortgaged premises, and the mortgage deed contained a declaration to that effect, Held, that the costs of proceedings under the Act 1 W. 4, c. 60, to obtain a reconveyance, must be borne by the mortgagor. In this case, the Master, by his report, dated the 8th January 1849, and made in pursuance of an order, dated the 21st July 1848, found that the Eev. Benjamin Lewes, the lunatic, was seised of the mortgaged hereditaments and premises as a trustee upon the trusts of the will of...
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3 cases
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Fraser v Evans
...of it should be restrained on the principles enunciated in the cases from ( Prince Albert v. Strange 1 Macnaghten & Gordon 25; 41 English Reports 1170) to ( Duchess of Argyll v. Duke of Argyll 1967 1 Ch.302). These cases show that the Court will in a proper case restrain the publication......
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Re Lewes
...(Shelford on Lunacy, 393 ; and see p. 392); and King v. Smith (6 Hare, 473), were cited. 1 H. 4 TW. 136. IN RE THE WHKAL LOVELL MININGS. C. 1 Mac. & G. 23; 41 E. R. 1170; 13 Jur. [123] In re lewes. Jan. 26, 1849. [S. C. 1 Mac. & G. 23; 41 E. R. 1170; 13 Jur. 548.] Where a mortgage in fee ha......
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Anne Jane Jones, a Lunatic, and The Trustee Act, 1850
...might be ordered to be paid by the executor out of the mortgage debts. He referred to Hxparte Pearse (T. & E. 325); Be Lewes (1 Mac. & G. 23); and Re Wheeler (1 De G. M. & G. 434). [555] Mr. C. T. Simpson, for the executor, referred to King v. Smith (6 Hare, 473); Exparte Clay (Shelford......