Sandon v Hooper
| Jurisdiction | England & Wales |
| Judgment Date | 15 March 1843 |
| Date | 15 March 1843 |
| Court | High Court of Chancery |
English Reports Citation: 49 E.R. 820
ROLLS COURT
S. C. 12 L. J. Ch. 309; Affirmed on appeal, 14 L. J. Ch. 120. See Tipton Green Colliery Company v. Tipton Moat Colliery Company, 1877, 7 Ch. D. 194. Commented on, Shepard v. Jones, 1882, 21 Ch. D. 469. Applied, Bright v. Campbell, 1885, 54 L. J. Ch. 1079. Cf. Henderson v. Astwood [1894], A. C. 150.
[246] sandon v. hooper. March 14, 15, 1843. [S. C. 12 L. J. Ch. 309; Affirmed on appeal, 14 L. J. Ch. 120. See Tipfon Green Colliery Company v. Tiptan, Moat Colliery Company, 1877, 7 Ch. D. 194. Commented on, Shepard v. Jones, 1882, 21 Ch. D. 469. Applied, Bright v. Campbell, 1885, 54 L. J. Ch. 1079. Cf. Henderson v. Astwood [1894], A. C. 150.] A mortgagee in possession, held liable for a damage occasioned by his pulling down two cottages on the property. A mortgagee in possession will be allowed for repairs necessary for the support of the property, and for doing that which is essential for the protection of the title of the mortgagor. If he has got the consent of the mortgagor or has given him notice in which he acquiesces, he may be allowed for money laid out in increasing the value of the property, but he is not justified in increasing the value of the estate by improvements so as to cripple the mortgagor's power of redemption. Mortgagee in possession, claiming upon a bill for redemption, to be allowed for substantial repairs and lasting improvement, but adducing no proof of any such expenditure, held not entitled to any enquiry on the subject. This was a suit for redemption. In 1830 the Plaintiff mortgaged some property to the Defendant, a solicitior, for 300; and, in 1836, he executed to him a further charge, fora sum of 140, part of which consisted of a bill of costs due from the Plaintiff to the Defendant, and other part of arrears of interest and money paid. Default having been made in payment of interest on the mortgage, the Defendant, in 1838, by an action of ejectment, recovered possession of the mortgaged property. After the Defendant had taken possession, he pulled clown two cottages on the premises and made some alterations. By his answer, the Defendant stated that he had laid out 300 in substantial repairs and lasting improvements ; but of this no evidence was given. Mr. Chandless, for the Plaintiff, contended, first, that there ought to be a taxation of so much of the Defendant's demand as consisted of professional costs, Wragg v. Denham (2 Y. & Col. (Exch.) 117); secondly...
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