Russel v Russel
| Jurisdiction | England & Wales |
| Judgment Date | 16 May 1783 |
| Date | 16 May 1783 |
| Court | High Court of Chancery |
English Reports Citation: 28 E.R. 1121
HIGH COURT OF CHANCERY
russel against russel. [16 May 1783.] Lords Commissioners, Lord Loughborough, Ashhurst. Pledge of a lease carried into effect, against assignees of a bankrupt.(l) Evidence of the bankrupt, he having had his allowance and certificate allowed to be read. A lease having been pledged by a person (who afterwards became a bankrupt) to the plaintiff, as a security for a sum of money lent to the bankrupt [and other sums in which he was indebted to him], the pledgee brought this bill for a sale of the leasehold estate.(l) Mr. Lloyd (for the plaintiff) merely stated the case, and that the plaintiff had a lien upon the estate. Mr. Kenyan (for the defendants, the assignees) insisted the plaintiff's claim was against the law of the land ; for that it would be charging land without writing, which is against the 4th clause of the statute of frauds. Lord Loughborough. In this case it is a delivery of the title to the plaintiff for a valuable consideration.-The Court has nothing to do but to supply the legal formalities.-In all these cases the contract is not to be performed, but is executed. Ashhurst, Lord Commissioner. Where the contract is for a sale, and is...
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial
-
United Bank of Kuwait Plc v Sahib
...title deed with Sogenal just as much as if there had been actual delivery to Sogenal. He relied on the rule which has operated since Russel v. Russel (1783) 1 Bro. C.C. 269 to which I referred at the beginning of this judgment. He did not dispute that the basis of the rule, as expounded in ......
-
Korda v Australian Executor Trustees (SA) Ltd
...it claimed. 182 Avco Financial Services Ltd v White [1977] VR 561 ; Re Universal Management Ltd [1983] NZLR 462. 183 Russel v Russel (1783) 1 Bro CC 269 [ 28 ER 1121]; Bank of New South Wales v O'Connor (1889) 14 App Cas 273 at 282; UTC Ltd (In liq) v NZI Securities Australia Ltd (1991) 4 W......
-
Re Burke
...v. CulverhouseENR 27 Beav. 639. In re Hamilton's Estate 9 Ir. Ch. R. 512. Credland v. PotterELR L. R. 10 Ch. 8. Russel v. RusselENR 1 Bro. C. C. 269. Credland v. PottorELR L. R. 10 Ch. 12. Sumpter v. CooperENR 2 B. & Ad. 223. O'Connor v. StephensUNK 13 Ir. C. L. R. 63. Ex parte PriceUNK 1 B......
- Cooney v Burns