Between C. Poole, Plaintiff; and W. Pass, Defendant
| Jurisdiction | England & Wales |
| Judgment Date | 17 June 1839 |
| Date | 17 June 1839 |
| Court | High Court of Chancery |
English Reports Citation: 48 E.R. 1074
ROLLS COURT
S. C. 8 L. J. Ch. (N. S.), 325. See Turner v. Lollins, 1871, L. R. 12 Eq. 441.
[600] Between C. poole, Plaintiff; and W. pass, Defendant. June 17, 1839. [S. C. 8 L. J. Ch. (N. S.), 325. See Turner v. Lollins, 1871, L. R. 12 Eq. 441.] A mortgagee, in whom a satisfied mortgage term was vested, Held, under the circum-stanees, bound to assign it to the trustee of the will of the mortgagor, without the concurrence of the parties beneficially interested in the property under the will. A testator allowed a satisfied mortgage term to remain outstanding in the mortgagee, and he devised the estate to a trustee in such a manner as, in the opinion of the Court, to entitle him to call for an assignment of the term without the concurrence of thfi parties beneficially entitled; the termor, under the advice of counsel, refused to assign without such concurrence, and a suit became necessary to compel him : The Court, though of opinion that the termor was not entitled to insist ou his objection, gave him his costs, charges and expences. The testator in 1822 mortgaged his moiety of an estate at Timperley to the Defendant, William Pass, by demise for 1000 years. The mortgage money was repaid, but no reconveyance was executed, the testator having, as was stated by the answer, declined to take the same. [601] The testator by his will, after " directing all his just debts, funeral and testamentary expences to be paid and discharged by and out of his estate and effects," gave the moiety of the freehold'property at Timperley and his leasehold for lives at Bowden and elsewhere to the Plaintiff, his heirs and assigns, upon trust to pay the rents thereof to his wife during the minority of his son John ; and after his attaining twenty-one years, he gave his wife an annuity of ,£40 a year, and he charged all his real and leasehold hereditaments with the payment thereof, and he gave her a power of distress for the same ; and subject thereto he devised his freeholds and leaseholds in manner hereinafter particularly mentioned. And he directed his trustee, when and as soon as his son John should attain the age of twenty-one years, to cause a valuation to be made of his estates, which were to be 1BEAV. 8M. POOLE V. PASS 1075 allotted in three separate shares, and were to be divided amongst his children, John, Peter and Mary Ann; and it was his will and mind that his son John should take the first refuse of his leasehold at Bowden and his freehold at Timperley ; and that his son Peter should take such of the two...
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Between Nathaniel Josling, Plaintiff; and James Karr, Defendant
...Treating this as a bill for the specific performance of the agreement, the specific legatees are not necessary parties. Poole v. Pass (1 Beavan, 600). [496] Mr. Pemberton, in reply. the ma iaster of the eolls [Lord Langdale]. I think the record is defective for want of parties, and I must t......