Dobson v Land
| Jurisdiction | England & Wales |
| Judgment Date | 11 July 1851 |
| Date | 11 July 1851 |
| Court | High Court of Chancery |
English Reports Citation: 64 E.R. 963
HIGH COURT OF CHANCERY
S. C. 8 Hare, 216; 19 L. J. Ch. 484; 14 Jur. 288.
[575] dobson v. land. July 11, 1851. [S. C. 8 Hare, 216; 19 L. J. Ch. 484; 14 Jur. 288.] Mortgage deeds contained covenants on the part of the mortgagor to insure the mortgaged premises in the names of the mortgagor and mortgagees, not adding 964 DOBSON V. LAND 4 DE G. & SM. 876. their heirs, executors, administrators or assigns. The mortgagees entered into possession; and, after the mortgagor's death, the persons entitled to the equity of redemption not having insured the premises, the mortgagees insured in their own names only, as mortgagees. Held, that the mortgagees were entitled to add the premiums to their mortgage debt. Semble, that, if the rents and profits were insufficient to keep down the interest and pay the premiums, the mortgagees would have been entitled to be allowed interest on the premiums so paid. The mortgagor had, before the mortgagees entered into possession, indorsed] to the mortgagees bills of exchange for the arrears of interest. The bills fell due after possession was taken, and were dishonoured. Held, that the interest was in arrear when possession was taken so as to preclude the mortgagor from claiming to have the accounts of the receipts of the mortgagees taken with rests. Where mortgagees declared trusts of the mortgage monies, and transferred the mortgages by the same deeds : Held, that, on redemption, the trust deeds must be delivered to the mortgagor, or in the case of one of them (being a marriage settlement) the mortgagees retaining it (by his consent) were bound to furnish him, at their expense, with attested copies and a covenant for production. This was a suit to foreclose three mortgages successively created on some property at Leeds. It now came on a second time on exceptions and further directions. The hearing on the former exceptions and further directions took place before Vice-Chancellor Wigram, and is reported in the 8th volume of Mr. Hare's Reports, p. 216. By the report of the Master upon the inquiries referred to him by the former order on further directions, the following particulars appeared :- The mortgages in question were created by different deeds, dated the 12th of March 1817, the 2d of March 1819, and the 3d of March 1824, respectively. The first of these contained a covenant on the part of Thomas Land, the mortgagor (since deceased), in the following terms :- " And lastly, the said Thomas Land doth hereby, for himself, his heirs, executors, and administrators, covenant, promise, and agree to and with the said John Dobson, his executors, administrators, and assigns, that he the said Thomas Land shall and will, immediately after the execution hereof, insure, or cause to be insured, the said messuages, tenements, mills, buildings, machinery, engines, and utensils, in one of the public offices of insurance, from fire in the sum of 1400 or upwards, in the names, of them the said John Dobson and Thomas Land, and keep and continue the same insured until the said sum of 1400 intended to be hereby secured, and every part thereof, [576] and all interest for the same, should be fully paid and discharged; and also shall and will pay and discharge all the yearly and other payments for such insurance during all such time as aforesaid: and it is hereby declared and agreed that, in case the said messuages, tenements, mills, buildings, machinery, engines, and utensils, or any part thereof, shall be burnt down or damaged by fire, then that he the said John Dobson, his executors, administrators, or assigns, shall take and receive the monies to be due and payable therefrom, and apply the same, or so much thereof as shall be necessary, in discharge of the said sum of 1400, and the interest which shall be then due for the same; for which purpose the said Thomas Land doth hereby make and ordain the said John Dobson, his executors, administrators, and assigns, his true and lawful attorney and attornies." The deed of 1824 was also a mortgage to John Dobson, and contained a covenant for insurance, similar to the above, except that the insurances were to be in the names, of John Dobson, Thomas Land, and Thomas Land the younger. The deed of the 2d of March 1819 contained a similar covenant for insurance, but the names in which the insurance was to be effected were to be Thomas Land, Elizabeth Dobson, and Mary Dobson; and Thomas Land thereby further covenanted, that if Elizabeth Dobson and Mary Dobson, their executors or administrators, should at any time advance and pay the premium and duty for such insurance, then and in such case all and every the payments so to be made should be a charge upon the property with interest thereon, and that the premises should not be redeemable until all the sums so to be advanced, with interest, should be fully paid and satisfied. 4DEG.&SM.577. DOBSON V. LAND 965 On the 3d of July 1825 Thomas Land died, and on the 4th of March 1826 Thomas Land the younger became bankrupt. John Dobson, one of the mortgagees, had also died. [577] The mortgaged premises had been from time to time insured in the prescribed names during the lives of the respective persons named in the covenants, and after their deaths by the persons entitled to the mortgage monies in their own names, by the description in the policies of mortgagees. In October 1825 the mortgagor, in discharge of the interest due on the mortgage debts, indorsed to the mortgagees bills of exchange for 346, 17s. 6d., falling due in April and May 1826. On the 17th of March 1826 the mortgagees entered into possession. On the bills becoming payable they were dishonoured. The principal questions which arose upon the exceptions were whether the accounts of the rents and profits were to be taken with rests as against the mortgagees, and whether the mortgagees were to be allowed the premiums paid by them upon the insurances, although, from deaths and change of circumstances, it had not been possible to continue the policies in the prescribed names, and, if so,' whether interest should be allowed upon the premiums. The Master had found in favour of the mortgagees on all these points. By his former report, he allowed 490, 10s. for premiums, and 275, 6s. 5d. for interest thereon. By the present report, he allowed a further sum of 490, 10s. for premiums, and 275, 6s. 5d. for interest, making, with the principal mortgage monies and interest, a total balance of 6326, 9s. 10d., which he found to be due to the Plaintiffs on the 3d of November 1849. Mr. Eussell and Mr. Batten, for the Defendant entitled to the equity of redemption, in support of the exceptions. Whether the amount of the rents and profits is to be taken with rests depends upon whether the interest was in arrear when the mortgagees took possession. The Master has found that there was an arrear of interest to [578] the amount of 300; but he did not give the mortgagor credit for the bills which had been taken in payment of the...
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