Gilbertson v Richards and Others
| Jurisdiction | England & Wales |
| Judgment Date | 11 February 1860 |
| Date | 11 February 1860 |
| Court | Exchequer |
English Reports Citation: 157 E.R. 1258
IN THE EXCHEQUER CHAMBER.
S. C. 29 l. j. Ex. 213, 6 Jur. (N. S.) 672. Followed, Burmingham Canal Company v. Gartwright, 1879, 11 Ch. D. 421. Dissented from, London and South Western Railway v. Gomm, 1882, 20 Ch. D 562. Disapproved, Redington v. Browne, 1893, 32 L. R. Ir. 347.
in the exchequer chamber. (Error from the Court of Exchequer ) gilbertson v. richards and others. Feb 11, i860.- A being mortgagee in fee simple of certain lands, and the equity of redemption in fee belonging to B, by iudeatures of lease and release, dated October, 1838, between B of the first part, A of the second part, I. of the third part, and H. of the fourth part, B., did limit and appoint, and A conveyed to If , and B. confirmed, the said lands, to have and to hold the same to H , his heirs and assigns, to the use of H., his heirs and assigns, for ever, subject to a proviso for redemption by B, his heirs, &c, on payment of 50001. Amongst other provisoes there was one, that if default should be made in payment of the 50001 , it should be lawful for H., his heirs and assigns, to sell This deed contained a pioviso for quiec enjoyment by B., until default; also the following: "Provided always, and it is hereby expressly agreed and declared between and by the parties hereto, that if at any time hereafter, when and so soon as H. and every other peison claiming or to claim by, from, through or under him, shall, under or by virtue ot any power or authority herein contained, enter into or upon or otherwise become possessed of the said premises, or any part thereof, the same shall from thenceforth be subjected and be charged to and with the payment to B and his assigns of the annual sum of 401, and the same shall thenceforth be recovered or recoverable by distress or otherwise upon or out of the mortgaged premises " This conveyance was executed by A and B , but not by H. Default having been made in payment, H. entered into possession for the purpose of exercising the power of sale, and by indenture, dated in 1847, conveyed to T , who entered into possession of the lands and duly paid the 401. lent. Held, by the Court of Exchequer Chamber (affirming the judgment of the Court of Exchequer) First, that the rent was well created by way of use -Secondly, that the rent-charge was not invalid as commencing at a period too remote, and so contravening the rule against perpetuities -Quaere, whether the rule as to perpetuities applies to a case where 51t*N. 4 GILBERTSON V. RICHARDS 1259 the party who is to take is ascertained, and who can dispose of, iclease or alienate the estate limited to him. [S. C. 29 L. J. Ex. 213,6 Jur. (N. 8.) 672. Followed, Binmnyhaiti Canal Company v Qartvniht, 1879, 11 Ch. D. 421. Dissented from, Londo7i and tio-uth Weiteni Railway v. Gomm, 1882, 20 Ch. D 562. Disapproved, Reding Ion v. Broivne, 1893, 32 L, R. Ir. 347.] This...
To continue reading
Request your trial
-
Hanly v Carroll
...Jon. & Lat. 182. (5) 2 A. C. 215, at p. 252. (6) 3 A. C. 974, at p. 998. (1) 27 Ch. D. 231. (2) 15 L. R. Ir. 264. (1) 4 H. & N. 277. (2) 5 H. & N. 453. (1) 2 Jo. & Lat. 182; 7 Ir. Eq. R. (2) 10 Ir. Eq. R. 360. (1) 27 Ch. D. 231. (2) 15 L. R. Ir. 264. (3) In the Court of Appeal, before Sir S......
-
Redington, Vendor; Browne, Purchaser
...4 K. & J. 45. The London and South Western Railway Co. v. Gomm 20 Ch. Div. 562, at p. 579. Gilbertson v. RichardsENR 4 H. N. 277; 5 H. & N. 453. The Birmingham Canal Co. v. Cartwright 11 Ch. Div. 421. The London and South Western Railway Co. v. Gomm 20. Ch. Div. 562. Lease for lives or nine......
-
Pollock v Booth
...the Respondents ; Mr. H. Peyton. Solicitors for the Defendant E. Pollock : .Messrs. French 4. Arglee. (1) Sir F. Moore's Rep. 267. (5) 5 H. & N. 453. (2) Hutton's Rep. 87. (6) 3 Ir. Ch. R. 316. (3) 7 De G. & G. 647. (7) Ir. R. 6 C. L. 88. (4) 4 H. & N. 277: (8) L. R. 10 Eq. 564. ...