Re London and South-Western Railway Act, 1855
| Jurisdiction | England & Wales |
| Judgment Date | 14 June 1862 |
| Date | 14 June 1862 |
| Court | High Court of Chancery |
English Reports Citation: 70 E.R. 1109
HIGH COURT OF CHANCERY
Reversed, 3 De G. J. & S. 341; 46 E. R. 667.
Lands Clauses Consolidation Act. Costs. Mortgage.
[390] Ee london and south-western railway act, 1855. June 14, 1862. [Reversed, 3 De G. J. & S. 341; 46 E. E. 667.] Lands Glauses Consolidation Ad. Costs. Mortgage. A vendor possessed of an estate in fee, of which part was in mortgage, contracted to sell in fee-simple to a railway company a portion of the estate. This portion was chiefly free from the mortgage, but on investigating the title the company ascertained that a small part of it was comprised within the mortgage, which was vested in the trustees of a will in course of administration by the Court. The vendor applied in the suit for and obtained the sanction of the Court to the release of the purchased land from the mortgage. Held, that the company was bound to pay the costs of the application. This was a petition for the review of the Taxing Master's certificate. In July 1858 the Petitioner, George Phillips, and his brother were seised in fee-simple as tenants in common of certain land, part whereof was subject to a mortgage for £7000. The London and South-Western Railway Company served a notice on the Petitioner and his brother to take a portion of the land, consisting chiefly of the unincumbered part of the estate, but comprising a small portion of the part which was in mortgage. The Petitioner and his brother claimed £25,000. In April 185$ the entirety of the land became vested in the Petitioner on the death of his brother intestate, leaving the Petitioner his heir, and an agreement was subsequently come to between the Petitioner and the company for the sale of the land in fee-simple for £12,800, no mention being made of the mortgage. [391] From the answers to the requisitions on title it appeared that a small part of the land contracted to be sold to the company was subject to the mortgage, and the company called for the concurrence of the trustees of the will of the original mortgagee in whom the mortgage was vested. The estate of the mortgagee was at 1110 PERKINS V. COOKE 2 J. & H. S92. this time being administered in a suit of Allen v. Embleton, and an application in that suit became necessary to enable the trustees to join in the conveyance, and release the land taken by the company from the mortgage, and on this application evidence of surveyors and others had to be given...
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The London and South Western Railway Act, 1855 ex parte George Phillips
...46 E.R. 667 BEFORE THE LORDS JUSTICES. In the Matter of the London and South Western Railway Act, 1855. Ex parte George Phillips S. C. 2 J. & H. 390; 32 L. J. Ch. 102; 7 L. T. 452; 11 W. R. 54. [341] In the Matter of the london and south-western railway act, 1855. Ex, parle geohge phillips.......