Hill v Caillovel

JurisdictionEngland & Wales
CourtHigh Court of Chancery
Judgment Date26 October 1748
Date26 October 1748

English Reports Citation: 27 E.R. 931

HIGH COURT OF CHANCERY

Hill
and
Caillovel

hill v. caillovel, Oct. 26,1748. Post Obit, security. Bond by A. in 1720 for payment in six months after his father's death, if he survived, otherwise to be void; the father then seventy, and dies in 1731, A. in 1734 ; no relief against the penalty ; there being no proof of imposition although suspicious circumstances in it. (See, however, Supplement, p. 297; and Evans v. Chesshire, Supplement, p. 300.) Thomas Hill at the age of twenty-four in 1720 entered into a bond to Isaac Caillovel for the payment of 520 within six months after his father's death, if he survived him : if not, to be void ; the father being then seventy. The obligee died in 1720, his executor in 1722 assigned it for valuable consideration, for ought that appeared to the contrary, to Lane; the father died in 1731, after his death and the death of Lane, letters were wrote to the son...

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2 cases
  • In. The Matter of The Gwelo (Matabeleland) Exploration and Development Company, Ltd (Williamson's Claim.)
    • Ireland
    • Court of Appeal (Ireland)
    • 9 May 1901
    ...11 Eq. 478. Ex parte MackensieELR L. R. 7 Eq. 240. Fountaine v. The Carmarthen Railway CompanyELR L. R. 5 Eq. 316. Hill v. CailovelENR 1 Ves. Sen. 122. In re Agra and Masterman's BankELR L. R. 2 Ch. App. 391. In re Blakeley Ordnance CompanyELR L. R.3 Ch. App. 154. In re General Estates Co E......
  • The "Edmond"
    • United Kingdom
    • High Court of Admiralty
    • 31 January 1861
    ...The assignee of a chose in action takes subject to all the equities against the assignor, Turton v. Benson (1 P Wins 496); Hill v. Caillovd (1 Ves. Sen. 122), and the mortgagee had an equity that the owner taking or assigning the freight should pay the expenses of earning it. The assignment......