Curry v Rea
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1937 |
| Date | 01 January 1937 |
| Court | Court of Appeal (Northern Ireland) |
[C. A., N.I.]
Curry
and
Rea
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...
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2 cases
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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......
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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......