Between Thomas Calverley, Plaintiff; and Edward Tufton Phelp, John, James Bedingfield, William Clutton, Alexander McCleod and Stafford O'Brien, Defendants
| Jurisdiction | England & Wales |
| Court | High Court of Chancery |
| Judgment Date | 26 April 1822 |
| Date | 26 April 1822 |
English Reports Citation: 56 E.R. 1078
COURT OF THE VICE-CHANCELLOR OF ENGLAND
229] Between thomas calverley, Plaintiff'; and edwakd tufton phelp, john james bedingfield, william glutton, alexander m'cleod and stafford O'BRIEN, Defendants. April 26, 1822. The equity of redemption of a mortgage in fee having been conveyed to trustees upon truat, to sell and pay off iricumbrances, and divide the surplus among persons specified in the deed, which contained a proviso that the receipt of the trustees should discharge the purchasers : Held, that this did not enable the trustees alone to defend a bill of foreclosure, but that the cestuix i^ue trust were necessary parties to the suit. This was a common bill of foreclosure, and the only question was, whether there was not a defect of parties. James Phelp, and Edward Tufton Phelp, his son, having power to dispose of a certain estate, subject to a mortgage in fee for securing 11,000 and interest, for the purpose of paying off this mortgage, borrowed of the Plaintiff', Thomas Calverley, 11,000 upon security of the same estate; and thereupon, by indentures of lease and release, of the 17th and 18th of February 1808, the former mortgages being paid off, SMADL. 230. CALVERLEY V. PHELP 1079 joined in a conveyance of the...
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Stansfield and Others, on behalf, Company v Hobson
...75); Hyde v. Johnson (2 Bing. N. C. 776Minn v. Slant (12 Beav. 190 and 15 Beav. 49, and see Lowe v. Morgan, 1 B. C. C. 368 ; Calverley v. fhelps, 6 Madd. 229 ; Osbourn v. Fallows, 1 Russ. & Myl. 741). The Plaintiff amended his claim, by making all the survivors of the trustees of the th......
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Holland v Baker
...573). Mr. Komilly and Mr. Bagshawe, contrh. Newton v. Earl of Egmont (5 Sim. 130), Cocker v. Earl of Egmont (6 Sim. 311), and Caverley v. Phelp (6 Madd. 229) were also mentioned. the ViCE-CnANCELLOE [Sir James Wigram] said it would be often very satisfactory if the Court could dispense with......
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Batten v Parfitt
...(3 Mer. 707; 3 Sim. 14} and G-arrard v. Lord Lmiderdale (3 Sim. 1). Mr. Piggott appeared for other parties. the ViCE-CHANCELLOKCalverley v. Phelp (6 Madd. 229), Newton v. Earl of Egmmt (4 Sim. 574). Mr. Wigram, for the Plaintiff, referred to Walmyn v. Cautts (3 Mer. 707; 3 Sim. 14} and G-ar......