Blackburn v Warwick and Wife
| Jurisdiction | England & Wales |
| Judgment Date | 28 April 1836 |
| Date | 28 April 1836 |
| Court | Exchequer |
English Reports Citation: 160 E.R. 325
IN THE COURT OF EXCHEQUER IN EQUITY
S. C. 6 L. J. Ex. Eq. 17. Referred to, Dumell v. Sinclair, 1881, 6 A. C. 182.
blackburn v. warwick and wife April 28th, 183G -Wheie the mteiest due upon a mortgage had become in at rear, and in the mortgagee's accoutit of 01 rears, rests were made from time to time, on which interest was calculated, and ultimately a general account of all arrears, calculated on the footing of those rests, was signed by the mortgagor and confirmed by a deed, executed by him three years afterwards, fur securing repayment of the balance to the mortgagee . Held, that these transactions were not usurious, and that the mortgagor was liable for the balance. [S. C. 6 L J. Ex Eq 17. Referred to, Darnell v Swtlcur, 1881, 6 A C 182 ] The defendants being seised of certain copyhold lands in right of the defendant, Mrs. Warwick, executed a mortgage of those premises, dated the 1st May, 1795, for securing to Quenti* Blackburn the repayment of 11001. arid interest. In 1801 the defendants further charged the same premises with a sum of 9001 and interest, which [93] had been advanced to them by the same party. They at the same time executed certain indentures of lease and release, bearing date the 29th and 30th October, 1801, charging certain freehold lands with these sums In 1802, the interest on these sums became in arrear; and although the mortgagee frequently applied for, and occasionally obtained some payments in respect of interest, yet the arreais continued to increase for several years afterwards The mortgagee entered these arrears and payments in his books, and from time to time made rests on the arrears, and calculated interest thefeon. It was alleged, but that did not appear except by the entry hereafte.' noticed, that settlements were come to between the mortgagor arid mortgagee, at the respective times of making those rests, the mortgagee agreeing not to sue the mortgagor in consideration of interest being allowed to him on the rests. In 1813 Quentm Blackburn died, having by his will appointed Quentin Blackburn, his son and heir-at-law, to be his executor. In November 1816, Blackburn, the son, as it appeared from an entry in his books, settled an account respecting the mortgage with the defendant Thomas Warwick. The entry was signed by Warwick, and apparently confirmed the previous settlements alleged to have been made with Blackburn, the father. Upon this settlement the sura of 15001 appeared to be due to the mortgagee for arrears, and by an indenture bearing date 15th March, 1819, and executed by Warwick, the repayment of this sum as well as of the former sums was secured to the mortgagee On the 1st January, 1826, Blackburn, the son, died ; having by his will, dated in 1822, devised all his real and personal estate to the plaintiffs, and appointed them his executors. A bill of foreclosure was then filed by the plaintiffs against the defendants ; but shortly after the institution of that suit, the defendants proposed a compromise. This was consented to upon terms , and the [94] defendants then executed indentures of lease and release, dated the 5th and 6th November 1827, by which, after 326 BLACKBURN t'. WARWICK 2 Y. & C EX 95. reciting that 35001. was secured by a former deed, and 5001. was due for arrears of interest^ and after reciting the suit in the Exchequer, they conveyed to the plaintiffs the fee-simple of...
To continue reading
Request your trial
-
STEWART v Stewart
...v. Davies 17 Ir. Ch. R. 227. M' Carthy v. Fermoy Unreported. Provincial Bank v. O' Reilly 26 L.R. Ir. 313. Balckburn v. WarwickENR 2 Y. & C. Ex. 92. Ferqusson v. Fuffe 8 CI. & Fin. 121. Williamson v. WilliamsonELR L.R. 7 Eq. 542. Mosse v. SaltENR 32 Beav. 269. Daniell v. SinclairELR 4 App. ......