Kensington, Ex parle
| Jurisdiction | England & Wales |
| Judgment Date | 10 April 1813 |
| Date | 10 April 1813 |
| Court | High Court of Chancery |
English Reports Citation: 35 E.R. 249
HIGH COURT OF CHANCERY
2 V. & B. 80. EX PARTE KENSINGTON 249 Kensington, Ex park. Aprilxl0, 1813, Equitable Mortgage by Deposit of Deeds extended beyond the original Purpose, to Advances after an Alteration of the Firrn, by Implication or Parol. Stock in the Public Funds in the Names of a Bankrupt and others on Trust : the Bankrupt being one of the Gestuis q_ue Trust, his equitable Interest not within the Statute 21 Jam. 1, o. 19, s. 11 ; and therefore, not being capable of actual Transfer, passed by Assignment. Duncan Hunter on the 19th of March 1805, deposited with the Petitioners, his Bankers, several Deeds ; and signed the following Memorandum, addressed to Messrs. Moffatt, Kensington, and Styan, Bankers, [80] London. " London, 19th " March 1805. Gentlemen, Herewith I beg leave to deposit in your House the " Deeds and Policy of Assurance upon the following Leasehold Property ; " (describing it) " to remain with you as a collateral Security for the Balance of any Sum or " Sums of Money which you may at any Time advance for my Account, and which I hereby oblige myself Heirs or Executors to assign in a legal Manner whenever " required so to do." On the 25th of September 1805, Hunter executed a Bond to the same Persons in the Penalty of £40,000, with Condition for Payment to them, and in case of any Alteration taking place in their Firm, then to the Persons composing a new Firm, if comprising two of the original Members, of all Sums thereafter in any Manner lent unto or advanced on Account of said Duncan Hunter by the Petitioners. In December following Moffatt retired from the Partnership. On the 6th of August 1807, Hunter, requiring additional Advances, deposited with the Petitioners the Title Deeds of an Estate, called Cromwell Park ; and on the 7th of August signed the following Memorandum. " Messrs. Kensington and Co. Gentlemen, I hereby " deposit in your Hands the Title Deeds which I hold of Cromicell Park, as a collateral " Security for any Cash Transactions which I have had or may have with your House, " and which I agree to assign whenever I am required so to do. London. 7 Aug. " 1807." In March 1809, Hunter, wanting farther Advances, proposed a Deposit of other Deeds of Premises held under the Drapers' Company by Lease at a Rent of £400 a Year, and agreed to assign to the Petitioners his Interest in £3000 3 per cent. Consolidated Bank Annuities, in-[81]-vested in the Names of...
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