Robert Ravald and George Blyth, Assignees of Gregory Nickin Hickman, John Sindopp, and John Dawson, Plaintiffs; William Congreve Russell and Sarah Russell, Defendants
| Jurisdiction | England & Wales |
| Judgment Date | 17 May 1830 |
| Date | 17 May 1830 |
| Court | Exchequer |
English Reports Citation: 159 E.R. 884
IN THE COURT OF EXCHEQUER AND EXCHEQUER CHAMBER
[9] robert ravald and george blyth, Assignees of Gregory Nickin Hickraan, John Sindopp, and John Dawson, Plaintiffs; william congreve ktssell and sarah russell, Defendants. May 13th, 17th, 19th, 1830 -A and B., his wife, being seised in fee, in right of B., of a freehold estate, in 17;" 7, execute ,i mortgage in fee to C., subject to redemption by A, his heirs and assigns, and levy a fine to the use of C. in fee, subject to redemption as aforesaid A and B, in 1765, convey the equity of redemption to C, in consideration of the money due on the mortgage and a further sum; but no further fine is levied. B., the wife, died in 1780, leaving A. her husband, and D. her son and heir A. the husband, died in Dec. 1809, and in Nov. 1829 (being twenty years within a month from B.'s death), the assignees of D., the son, filed a bill for redemption of the mortgaged premises. A plea of the statute of limitations, 21 Jac 1, c. 1C, was overruled without prejudice to the defendants' insisting by answer on the benefit of the statute. YOU. 10 RAVALD V. RUSSELL 885 [Approved, Rn/ety v King, 1836, 1 Keen, 601 Referred to, Wid.* v. timiens, 1860, 1 J. & H. -218. Followed, Pwul v. Uwk, [1896] 2 Ch. 808.J Elizabeth Hickraan, the wife of George Hickruan, in March, 1757, being seised in fee of certain estates at Mosely, in the county of Worcester, indentures of lease and lelease, dated the 30th and 31st March, 1757, weie made between the said Gregory Hmknian and Elizabeth his wife, of the one part, and Thomas Moore, of Thorp Constantino, in the county of Stafford, gentleman, of the other part; by which, in consideration of 6001, Gregory Hickman, and Elizabeth his wife, granted and conveyed unto and to the use of the said Thomas Moore, his heirs and assigns, for ever, the hereditaments and premises therein described, subject to a proviso for redemption by Gregory Hickman, his heirs and assigns, on payment of the sard sum of 0001. and interest, on the 30th of September then next; and, among other covenants, Hickman and wife covenanted to levy a tine to the use of Moore m fee, subject to redemption as aforesaid, arid which fine was aceordrngly levred by Gregory Hickman, and Elizabeth his wife, in Easter terra, 30th Geo. 3rd. By indentures of lease and release, dated the 1st and '2nd of January, 17(i5, made between the said Gregory Hrckman and Elizabeth his wife, of the one part, and the said Thomas Moore, of the other part; after reciting the said indentures of the 30th and 31st March, 1757, and [10] that the fine therern mentioned was duly levied, and that the said sum of 6001., or any part thereof, was not paid by the said Gregory Hickman to the said Thomas Moore, at the day by the said proviso limited, but then remained due and owing to him, with the sum of 181. for interest, and that the said Thomas Moore had contracted and agreed with the said Gregory Hickman and Elizabeth his wife, for the absolute purchase of the said mortgaged premies, with the three additional closes of land thereinafter mentioned to be situate in Eordesley, in tke parish of Aston, near Birmingham, in the county of Warwick, for 12001, in which sum of 12001. the said sum of 6181. due and owing on the said mortgage was to be included and comprised. It was witnessed that, in pursuance and performance of the said contract and agreement, and in consideration of the said sum of 6181., part of the said 12001 purchase-money, so due and owing to the sard Thomas Moore, on the said mortgage or security, and in full discharge or satisfaction foi the same, and in consideration of the fuither sum of 5821. residue of the said sum of 12001., to the said Gregory Hickman, and Elizabeth his wife, paid by the said Thomas Moore, the said Gregory Hickman and Elizabeth his wife did grant, release, and confirm unto and to the use of the said Thomas Moore, his heirs and assigns, for ever1, all the lands, hereditaments, and premises mentioned and described iu the said indentures of March, 1757, together with three additional closes of land therein described, and situate at Bordesley, freed and discharged from all power and equity of redemption. This conveyance contained a covenant to levy a fine of the three additional closes to Moore in fee. A fine was afterwards levied by Gregory Hickman and his wife, to Thomas Moore, of the said three closes of land at Boidesley, but no further or other fine was evei levied by them of the hereditaments comprised in the indentures of May, 1757. [11] In. 1772 an act of Parliament was passed for dividing and inclosing the commons and waste lands, within the manor and parish of King's Norton, under which an allotment was made to the said Thomas Moore, in lieu of all rrghts of common, m respect of the lands and tenements comprised in the indentures of March, 1757. Elizabeth Hickman died some time before the year 1780, intestate, leaving the said George Hickman her husband, her surviving, and leaving George Nlckin Hickman, her eldest son, by the said Gregory Hickman, and her heii-at-law. In 1787 a commission of bankrupt was awarded against Gregory Nickm Hickman, and his partners John Smdopp and John Dawson, under which they were found and declared bankrnpts; and assignees of their estate and effects were chosen, but no bargain and sale of the real estate of the said George Nickin Hickman was executed. In 1798 a renewed commission was awarded against the said George Nickin...
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