Parker v Watkins
| Jurisdiction | England & Wales |
| Judgment Date | 13 January 1859 |
| Date | 13 January 1859 |
| Court | High Court of Chancery |
English Reports Citation: 70 E.R. 369
HIGH COURT OF CHANCERY
See In re Keane, 1871, L. R. 12 Eq. 123.
Mortgagor and Mortgagee. Mortgagee's Costs.
JOHNS. 133. PARKER V. WATKINS 369 [133] parker v. watkins.(!) Jan. 12, 13, 1859. [See In re Keane, 1871, L. E. 12 Eq. 123.] Mortgagor and Mortgagee. Mortgagee's Costs. Where a mortgagee has been put to expenses in defending the title to the estate, the defence being for the benefit of all parties interested, he is entitled to charge such expenses against the estate ; but if his title to the mortgage only is disputed, the costs of his defence should not be borne by the estate as against parties interested in the equity of redemption, unless they can be shewn to have concurred in or assisted the litigation. By a settlement executed in the year 1824 five freehold messuages in the City of Oxford were conveyed to three trustees and their heirs (subject to certain trusts for the benefit of the settlors), upon trust for the Defendant, Anne Eaton, and her husband for their lives and the life of the survivor of them, with remainder to all their children as tenants in common in fee. The settlement contained a power for the settlors to direct the trustees to raise the sum of 1500 and pay the same as they (each as to one-fourth thereof) should appoint, and a power for the trustees to raise the said sum or so much thereof as might be necessary by mortgage or beneficial lease of all the premises except one of the said messuages, therein described as the messuage then in the occupation of Eaton. In the year 1842, Eaton and Anne, his wife, joined in conveying her life-estate in the settled property, and a [134] policy of assurance upon her life, to the Defendant, Watkins, to secure a sum of 1200. The settlors appointed the whole sum of 1500, and directed the same to be paid to four trustees named in the appointment (being the three trustees of the settlement jointly with Eaton) upon certain trusts. In the year 1845 the trustees of the settlement, conceiving that they were entitled to provide for their costs (estimated at 60) incurred in raising the appointed sum out of the settled property, mortgaged the premises (except so much of one of the tenements as had been in Eaton's occupation in 1824) to the Plaintiff, Parker, to secure the sum of 1560 and interest. The interest of Watkins's mortgage being at this time in arrear, he entered into possession of the mortgaged premises; and it was arranged...
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