Porter v Hubert
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1672 |
| Date | 01 January 1672 |
| Court | High Court of Chancery |
English Reports Citation: 21 E.R. 813
COURT OF CHANCERY
porter versus hubert. Anno 24 Car. 2 [1672-73]. The Plaintiff's Father, in the Year 1636, mortgaged the Manor of Alfarthing to one Dawes for 5000. The Mortgagee enter'd in the Year 1641, no Interest being paid in those five Years, and he enjoyed it till the Year 1649, and then died. After whose Death, his Executors assigned the Mortgage to the Defendant's Father, who enjoyed the Lands till the Year 1663, and he having charged the same with 5600, died. In the Year 1667, the Plaintiff brought a Bill to redeem; the Cause was heard two Years afterwards, and a Redemption decreed, and the Interest from 1642 to 1648 to be moderated at 4 per Cent., and the Defendant to accompt for the Profits. [151] From this Decree made by the Master of the Rolls, the Defendant appealed to the Lord Keeper Bridgman, who being assisted by Justice Moreton, Tyrrell, and Wild, ordered the Interest to be set against the certain Profits, but the Defendant to accompt for the casual Profits ; and that the Interest of the 5000 from 1641 to 1649, should be made Principal, at which Time the Assignment was made, and Interest to be computed for the. whole from that Time. The Plaintiff acquiesced under this Decree four Years, and then appealed to the Lord Chancellor Shaftsbury, who upon hearing the Cause declared, That no Assignee of a Mortgage should be in a better Condition than the Mortgagee himself, and ruled Interest to be paid only for the 5000 from the Time it was lent. And as to the Abatement of the Interest, it was alledged, That there was an Ordinance made in the Year 1653, which...
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Earl of Macclesfield v Fitton
...principal in such a case, unless the mortgagor had joined in the assignment; and they cited the case of Porter and Hubbart (3 Ch. Rep. 78; Nelson 150), where in a like case it was decreed, that interest should be reckoned principal; but for that reason the decree was reversed in the House o......
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Strickland v Laske
...in the Year 1640, to several Persons in Trust, to raise Money for several Uses, &c., and the Overplus to be to the Heir of the Lessor. NELSON, 150. PORTER V. HUBERT 813 The Plaintiff, as Nephew and Heir of the Lessor, exhibited his Bill by his Guardian in the Year 1663, to have an Accompt o......
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Porter v Hobbard
...not allow interest to the assignee for interest that he paid to the mortgagee, it not being done by consent of the mortgagor.(2) (1) S~. C. Nels. 150; 2 Ch. Rep. 85 ; 3 Ch. Rep. 78. (2) Ashenhurst v. James, 3 Atk. 271 ; Earl of Macdesfield v. Fitton, 1 Vern. 169 ; Carew v. Johnston, 2^Sch. ......