Re Thomson's Mortgage Trusts. Thomson v Bruty

JurisdictionEngland & Wales
Date1920
Year1920
CourtChancery Division
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8 cases
  • Arab Banking Corp v United Overseas Bank Ltd
    • Singapore
    • Court of Appeal (Singapore)
    • 28 Marzo 1991
    ...and the costs and expenses incurred) to that incumbrancer and not to the mortgagor: Re Thomson`s Mortgage Trusts; Thomson v Bruty [1920] 1 Ch 508. In that case, there were four mortgages created over a farm. The second mortgagee, with the privity of the mortgagor, sub-mortgaged the principa......
  • Lloyds Banking Group Pensions Trustees Ltd v Lloyds Bank Plc
    • United Kingdom
    • Chancery Division
    • 26 Octubre 2018
    ...the limitation defence. In particular, I heard competing submissions as to what principles emerged from the decisions in Re Thomson's Mortgage Trusts, Thomson v Bruty [1920] 1 Ch 508, Young v Clarey [1948] Ch 191, C&M Matthews Ltd v Marsden Building Society [1951] Ch 758 and the Australi......
  • Punter Southall Governance Services Ltd (as Trustee of the Axminster Carpets Group Retirement Benefits Plan) v Jonathan Hazlett (as a representative defendant)
    • United Kingdom
    • Chancery Division
    • 17 Junio 2021
    ...of a limitation defence and the general duties of a trustee. 310 Mr Short relied on what had been said by Eve J in In re Thomson's Mortgage Trusts, Thomson v Bruty [1920] 1 Ch 508, at 514, where the judge commented, obiter, on an argument as to whether a trustee of a fund could rely on a l......
  • Good Property Land Development Pte Ltd (in liquidation) v Societe-Generale
    • Singapore
    • Court of Appeal (Singapore)
    • 17 Abril 1996
    ...it would appear that he could be a trustee for all the subsequent encumbrancers coming after him (see Re Thomson`s Mortgage Trusts [1920] 1 Ch 508) or perhaps a trustee for the mortgagor, subject to his duties to apply the surplus funds in a certain way in accordance with priority. We were ......
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