Curry v Rea
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1937 |
| Date | 01 January 1937 |
| Court | Court of Appeal (Northern Ireland) |
Solicitor's lien for costs - Waiver - Mortgage - Whether lien merged in Mortgage - Statute of Limitations - (37 38 Vict. c. 57).
In an action for detinue of title deeds the defendant pleaded a lien for costs and moneys advanced and, alternatively, a right to detain the documents as mortgagee. The plaintiff replied that the alleged debt and mortgage were barred by the Statute of Limitations. The trial Judge hold that there was a debt due to the defendant, and that the defendant was entitled to hold the documents as lien for such debt. He did not consider any question relative to the mortgage as he was of opinion that no mortgage had been proved or handed in, and he had refused at the close of the case to allow it to be included in the plaintiff's list of proofs. The plaintiff appealed to the Court of Appeal, seeking to have the judgment of the trial Judge set aside on the ground, amongst others, that the trial Judge failed to give proper consideration to the argument that the lien had become merged in the mortgage. There were several further references to the mortgage in the report. In addition there wore two affidavits filed in proceeding between the present defendant as plaintiff and the present plaintiff's father as defendant. Both these affidavits were put in evidence on defendant's cross-examination at the rial. In one of them the mortgage was duly exhibited, and in the other the due execution of the mortgage was deposed to. No intention to reserve his lien was explained by the defendant to the plaintiff's father, E. C. Held, by the Court of Appeal (Andrews and Best, L.JJ., and Megaw, J.) (Andrews, L.J., dubitante), that the mortgage must be taken to have been sufficiently proved, and that the failure to produce the original deed and to have it marked at the proper time was...
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Clifford Harris & Company v Solland International Ltd and Others
...covered by a lien or right to apply for a charge will displace the lien or right. The decision of the Northern Ireland Court of Appeal in Curry v Rea [1937] NILR 1 is authority in respect of a possessory lien, and puts it on the basis of either waiver or merger. Waiver of the right to apply......
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Re Peak Hotels and Resorts Ltd
...(No 1) [2004] EWHC 2488 (Ch)Clifford Harris & Co v Solland International Ltd (No 2) [2005] EWHC 141 (Ch); [2005] 2 All ER 334Curry v Rea [1937] NI 1Fairfold Properties Ltd v Exmouth Docks Co Ltd (No 2) [1993] Ch 196; [1993] 2 WLR 241; [1992] 4 All ER 289Faithfull v Ewen (1878) 7 Ch D 495Fib......