Ex parte Sarah Ann Norton Thomas Selby and Silas Norton, Bankrupts
| Jurisdiction | England & Wales |
| Judgment Date | 12 April 1856 |
| Date | 12 April 1856 |
| Court | High Court of Chancery |
English Reports Citation: 44 E.R. 390
BEFORE THE LORDS JUSTICES.
S. C. 2 Jur. (N. S.), 479.
390 EX PARTE NORTON 8DEO.M.&0.! [288] Ex parte sarah ann norton. In the Matter of thomas selby and silas norton, Bankrupts. Before the Lords Justices. April 12, 1856. [S. C. 2 Jur. (N. S.), 479.] A debt secured to a testator by warrant of attorney was appropriated by his executor, with the concurrence of a legatee and her husband, in satisfaction of the former's legacy, which was of the same amount. The legatee and her husband received interest on the debt. Held, that this was not a reduction into possession so as to defeat the wife's equity to a settlement. The husband consented to a part of the debt being paid to a stranger, on having in lieu of the security of the debt to that extent a promissory note of the stranger for a like amount. Qucere, whether this was a reduction into possession of that portion of the debt. This was an appeal by way of motion from the decision of the Commissioner on a special ease. Mr. and Mrs. Norton were married in the month of November 1828, and she had ever since resided with and been supported by her husband. There were several children of the marriage. There was no settlement or agreement of articles of or for a settlement executed at or prior or subsequently to the marriage. [259] At the date of the marriage Mr. Norton received a sum of about 1000, his wife's property, which was expended partly in the purchase of furniture. The remainder was retained by Mr. Norton, who used it in his business. In the year 1839 a pecuniary legacy of 200 was bequeathed to Mrs Norton. The money (less legacy duty) was received by her husband and invested in the names of himself and his wife, and had since the bankruptcy been paid to his assignees. About the year 1845 Mrs. Norton's father, Mr. Bookham, died, and by his will gave to Mrs. Norton absolutely a pecuniary legacy of 300, and appointed his son executor. This 300 was never actually received by Mr. and Mrs. Norton, but a debt of that amount due to the estate of Mr. Bookham, deceased, from a Mr. Sutton was by the verbal consent of Mr. and Mrs. Norton appropriated in satisfaction of the legacy. The whole of the debt was then and 250 part thereof was still secured by a warrant of attorney given by Mr. Sutton to the testator Mr. Bookham to enter up judgment. After entering into this arrangement Mr. Sutton...
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