Potts v The Warwick and Birmingham Canal Navigation Company
| Jurisdiction | England & Wales |
| Judgment Date | 14 December 1853 |
| Date | 14 December 1853 |
| Court | High Court of Chancery |
English Reports Citation: 69 E.R. 61
HIGH COURT OF CHANCERY
See Ames v. Trustees of Birkenhead Docks, 1855, 20 Beav. 343; 52 E. R. 635; Gardner v. London, Chatham and Dover Railway Company, 1867, L. R. 2 Ch. 213; Blaker v. Herts and Essex Waterworks Company, 1889, 41 Ch. D. 406.
Canal Company. Elegit of Judgment Creditor. Mortgage.
KAY, 142, POTTS V, WABWICK, ETC.,, CANAL NAVIGATION CO. 61 [142] potts v. the warwick and birmingham canal navigation company. Sec. 12, 14, 1853. [See Ames v. Trustees, of BirJcenhead Docks, 1855, 20 Beav. 343; 52 E. B. 635; Gardner v. London, Chatham and Dover Railway Company, 1867, L. E. 2 Ch. 213; BlaTcer v. Herts and Essex Waterworks Company, 1889, 41 Ch. D. 406.] Canal Company. Elegit of Judgment Creditor. Mortgage. A canal company was incorporated by a Special Act of Parliament, which authorises them to purchase lands for the purposes of the Act, and for no other purpose, and empowered them to levy rates, tolls and dues, and to borrow money on mortgage thereof ; and contained a provision that all persons whatsoever might navigate upon the canal, upon payment of the rates and' dues thereby authorised to be taken. The company made several mortgages of the rates, tolls and dues under the Act; one of the mortgagees, on behalf of himself and all others, obtained the appointment of a receiver of the company's rates, tolls and dues, who was ordered to pay thereout the expenses of carrying on the company's business, and then the interest on the " said mortgages, and to pay the balance into Court in the cause. A judgment creditor of the company presented a petition in the cause before the hearing, praying that he might be at liberty to sue out and execute a,fi. fa. and elegit against the goods and lands respectively of the company. Held, that he might execute a fi. fa., but that all he could take under the elegit would be such right in the lands as the, company had, namely, subject to the mortgages and to the right of user of the canal by the public, and subject also to the powers of management of the company. The bill in this suit was filed by Charles Potts, who, by virtue of certain deeds-poll, dated the 29th of March 1842, was a mortgagee of the rates, tolls and dues arising and payable by virtue of the Acts of Parliament of the Warwick and Birmingham Canal Navigation Company, on behalf of himself and all other such-mortgagees, against the said company, as Defendants, praying that an account might be taken of what was due to him for principal...
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