Heales v McMurray
| Jurisdiction | England & Wales |
| Judgment Date | 16 February 1856 |
| Date | 16 February 1856 |
| Court | High Court of Chancery |
English Reports Citation: 53 E.R. 157
ROLLS COURT
[401] heales v. m'murray. Feb. 16, 1856. Liability of a mortgagee, who gives notice to the tenants to pay him their rents, but does not take possession, whereby a loss is occasioned. This suit was instituted by a mortgagee for redemption. The bill alleged as iollows:-" The Defendant has served upon the tenants, or some of the tenants on the said hereditaments comprised in his security, a notice ordering them not to pay their rents to the Plaintiff, and the tenants have, in consequence, not paid their rent to the Plaintiff, and the Plaintiff has lost considerable sums thereby." The Defendant was not interrogated as to this statement, and his answer did not deny its truth, but the evidence was not strictly formal. Mr. Follett and Mr. T. C. Wright, for the Plaintiff, asked that the decree for the account might include what, but for his wilful default, the Plaintiff might have received. 158 CHESTEE V. UKWICK S3 BBAV. 403. Mr. E. Palmer and Mr. Terrell resisted this. the master of the rolls [Sir John Romilly]. If a mortgagee gives...
To continue reading
Request your trial
-
Chapple v Mahon
...EvansENR 2 Atk. 330. French v. BaronENR 2 Atk. 120. Arnold v. GarnerENR 2 Phil. 231. Leith v. Irvine 1 M. & K. 277. Healer v. M'MurrayENR 23 Beav. 401. Cowdry v. DayENR 1 Giff. 316. Gubbins v. Creed 2 Sch. & Lef. 214. Goodman v. Grierson 2 B. & Bea. 274. Moses v. MacfarlaneENR 2 Burr. 1009.......