Dumper v Dumper
| Jurisdiction | England & Wales |
| Judgment Date | 05 May 1862 |
| Date | 05 May 1862 |
| Court | High Court of Chancery |
English Reports Citation: 66 E.R. 540
HIGH COURT OF CHANCERY
[583] dumper v. dumper. April 26, 28, May 5, 1862. Where a father advanced money on mortgage of real estate, and contrary to his solicitor's advice, without his son's knowledge, took the conveyance in his son's name, and subsequently told him it was a gift, but reserving the interest for the father's life, and added " there are your deeds," which the son ultimately took and retained-on a bill by the father against the son the Court declared that the transaction was not an advancement, but made the father pay the costs of the suit. To rebut the presumption of advancement there must be evidence of facts contemporaneous with the act in question. The bill in this cause was filed originally on the 21st December 1860, and afterwards amended. It stated that on the llth February 1859 the Plaintiff, William Vine Dumper, lent and advanced to one William Henry Duffett, of Portsea, £800 at 5 per cent, interest, upon mortgage of a piece of land situate near Lake Lane, in the parish of Portsea. That the £800 was paid to Duffett by the Plaintiff out of his own proper monies; but at the Plaintiff's request the mortgage was made out [584] and taken in the name of his son, the Defendant, Alfred Dumper, as a trustee for the Plaintiff. That the mortgage transaction was completed on behalf of both parties by Mr. William George, solicitor. Duffett afterwards sold the equity of redemption in the mortgaged premises to the Defendant, James Jones, and conveyed the same to him by an indenture dated llth November 1859. The interest on the mortgage debt had been paid quarterly ; such interest up to November 1859 was paid by Duffett to the Plaintiff; and since that time up to the llth of November 1860 by the Defendant, Jones, to the Plaintiff. That the deeds and securities were kept by the Plaintiff in his house at Southampton until the 15th November 1860, when the same were taken from the Plaintiff's house without his knowledge, and were at the date of the filing of the bill in the possession of the Defendant, Alfred Dumper. The deeds and securities had since been deposited with the Clerk of Records and Writs. The bill charged that Alfred Dumper was a trustee for the Plaintiff, but that he nevertheless intended to dispose of the mortgage and securities, and to receive the £800 for his own use, and ought to be restrained for so doing. The bill further charged that the Defendant, A. Dumper, had given notice to the Defendant, Jones, to pay the interest to him; also that the Defendant, A. Dumper, alleged that the Plaintiff was aged and infirm, and that the mortgage deeds relating to the £800 were 3GIFF. 585. DUMPER V. DUMPER 541 not safe in his custody. The Plaintiff alleged that he was of perfectly sound mind, and in good bodily health, and capable of managing his affairs. The bill prayed for a declaration that the Defendant, Alfred Dumper, was the trustee of the sum of £800 and the securities, and that the said Defendant, Alfred Dumper, might be restrained by injunction from assigning the debt and securities to any other person than the Plaintiff, or as he should direct; and to restrain the Defendant, Jones, from paying the debt and interest, or any part thereof, to the Defendant, Alfred Dumper. [585] The Defendant, Alfred Dumper, by his answer, said that his father was upwards of eighty-five, and was very infirm. In March or April 1859 his father sent for him from G-osport to Stubbington, Hants, where the father was then residing, and Defendant went accordingly. Defendant said, " My father then told me that he had advanced £800 upon mortgage to Duffett...
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Ip Tin Chee, Arnold v Ching Hing Construction Co. Ltd. And Another
...with care: Devoy v Devoy (1857) 3 Sim & Giff 403 at 406; 65 ER 713 at 714 per Stuart VC; Dumper v Dumper (1862) 3 Giff 583 at 590; 66 ER 540 at 543 per Stuart VC; Davies v The National Trustees Executors & Agency Co. of Australasia Ltd [1912] VLR 397 at 403; Drever v Drever [1936] ALR 446; ......
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Ip Man Shan, Henry v Ching Hing Construction Co. Ltd.
...with care: Devoy v Devoy (1857) 3 Sim & Giff 403 at 406; 65 ER 713 at 714 per Stuart VC; Dumper v Dumper (1862) 3 Giff 583 at 590; 66 ER 540 at 543 per Stuart VC; Davies v The National Trustees Executors & Agency Co. of Australasia Ltd [1912] VLR 397 at 403; Drever v Drever [1936] ALR 446; ......
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...with care: Devoy v Devoy (1857) 3 Sim & Giff 403 at 406; 65 ER 713 at 714 per Stuart VC; Dumper v Dumper (1862) 3 Giff 583 at 590; 66 ER 540 at 543 per Stuart VC; Davies v The National Trustees Executors & Agency Co. of Australasia Ltd [1912] VLR 397 at 403; Drever v Drever [1936] ALR 446; ......
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...with care: Devoy v Devoy (1857) 3 Sim & Giff 403 at 406; 65 ER 713 at 714 per Stuart VC; Dumper v Dumper (1862) 3 Giff 583 at 590; 66 ER 540 at 543 per Stuart VC; Davies v The National Trustees Executors & Agency Co. of Australasia Ltd [1912] VLR 397 at 403; Drever v Drever [1936] ALR 446; ......