Spurgeon v Collier
| Jurisdiction | England & Wales |
| Judgment Date | 22 February 1758 |
| Date | 22 February 1758 |
| Court | High Court of Chancery |
English Reports Citation: 28 E.R. 605
HIGH COURT OF CHANCERY
See Warden v. Jones, 1857, 2 De G. & J. 84.
1 EDEN, 56. SPURGEON V. COLLIER 605 spuegeon v. collier. Feb. 11, 21, 22, 1758. [See Warden v. Jones, 1857, 2 De G. & J. 84.] Absolute conveyance, and a deed of defeasance, on payment of mortgage-money, during the joint lives of mortgagor and mortgagee, held a restraint upon mortgagor; and a redemption decreed, there being also fraudulent and oppressive conduct on the part of the mortgagee. Settlement after marriage, held to be voluntary, proof of its having been made in pursuance of a parol promise before marriage, failing, and court of opinion, that even if such promise had been proved to have existed, it would not have supported a settlement made after marriage. Peter Tubbing being seised of an estate, called Hillingdon, in the county of Norfolk, which he had mortgaged for £1000, the defendant, Collier, offered to advance £200 more to him, and to pay off the £1000 mortgage. Tubbing thereupon, by indenture bearing date the 17th and 18th of April 1735, in consideration of the said sums of money conveyed the said premises to Collier and his heirs, absolutely, with the usual covenants, and a covenant for further assurance. By an indenture of even date, reciting the above conveyance and mortgage, Cottier covenanted to reconvey the premises, on payment of the said two sums of £1000 and £200 in their joint lives ; and it was agreed that Tubbing should be tenant of the premises, at the rent of £70 per annum. In 1737, Peter Tubbing being in arrear for rent to Collier, was arrested by him and carried to prison, and from thence removed by the means of Cottier to the house of one Carr, where Collier endeavoured to prevail upon him to deliver up the deed of defeasance. He however refused this, and made out a bill of sale of all his estate and effects to Peter Tubbing his son, and [56] soon afterwards died. Collier afterwards prevailed upon Peter Tubbing the younger to deliver up to him the deed of defeasance. Cottier had been in possession of the estate ever since the conveyance, and had made several very extensive improvements on it. On the 5th of July 1751, a marriage took place between the defendant, Dr. Alston, and Mary Cottier, the niece of the defendant Collier. No settlement was executed previous to it; but it appeared in evidence, that Collier had produced to Alston the deed of conveyance; and though no absolute promise by Cottier was proved, that he would settle the estate upon his niece, yet there were many declarations in evidence of his to the effect that he had given the estate at Hillingdon to his niece as part of her marriage portion.; and that the reason why they were married before any settlement was executed, was because the writings could not be finished in time, as he wished the marriage to take place on the 5th of July, which had been his own wedding-day. By indenture of settlement, bearing date the 9th and 10th of August 1751, and made between Daniel Cottier of the first part. Dr. Alston and Mary his wife of the second part, and two trustees of the third part, in consideration of a marriage had between Dr. Alston and Mary his wife, the defendant Cottier conveyed the premises at Hillingdon to Dr. Alston for life ; remainder to his wife for life ; remainder to their first and other sons in tail male; remainder to their...
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