Galdwyn v Hitchman
| Jurisdiction | England & Wales |
| Judgment Date | 03 March 1690 |
| Date | 03 March 1690 |
| Court | High Court of Chancery |
English Reports Citation: 23 E.R. 695
LORDS COMMISSSIONERS.
2 VEEN. 135. GLADWYN V. HITCHMAN 695 [135] Case 133.-gladwyn versus hitchman. Die Lunce, 3 Mar. [1690]. Lords Commissioners. [1] Eq. Ca. Ab. 287, pi. 3, S. C. A mortgage made for 450 payable at the end of five years, with interest at 5 per cent, in the mean time. About two months before the end of the five years, the mortgagee assigned over the mortgage for 560, being the principal and interest then due. The 560 shall carry interest, though the five years were not elapsed; the mortgage being forfeited by the non-payment of the interest. The mortgage was made in June 1678, for 450 principal money, payable at the end of five years, and interest in the mean time half yearly; no interest being paid, about two months before the five years were expired, the mortgagee assigned to the defendant in consideration of 560, being so much due for principal and interest. The question was, whether the interest then due, should carry interest. It was objected, that he ought not to have assigned until the five years were quite expired; sed non allocatur ; for the mortgage was forfeited long before by non-payment of the...
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