Sumpter and Others, Assignees of Pound, against Cooper
| Jurisdiction | England & Wales |
| Judgment Date | 25 April 1831 |
| Date | 25 April 1831 |
| Court | Court of the King's Bench |
English Reports Citation: 109 E.R. 1126
IN THE COURT OF KING'S BENCH.
S. c. 9 L. J. M. C. O. s. 226. Distinguished, Neve v. Pennell, 1863, 2 H. & M. 187. Commented on, In re Wight's Mortgage Trust, 1873, L. R. 16 Eq. 47. Referred to, In re Stephen's Estate, 1875, Ir. R. 10 Eq. 286. Applied, In re Burke's Estates, 1881, 9 L. R. Ir. 24; Kettewell v. Watson, 1884, 26 Ch. D. 507. Referred to, In re Ffrench's Estate, 1887, 21 L. R. Ir. 324, Battison v. Hobson, [186] 2 Ch. 411; Finch v. Tranter, [1905] 1 K. B. 428.
[223] sumpter and others, Assignees of Pound, against cooper. Monday, April 25th, 1831. A debtor deposited the title deeds of houses with his creditor as a security, and afterwards executed an assignment of his interest in the houses to the same party; but this instrument was never registered, pursuant to the statute 7 Ann. c. 20. The debtor afterwards became bankrupt, and the assignment of his effects under the commission was duly registered. The assignees 2B. &AD.224. SUMPTER .V. COOPER 1127 brought an action against the creditor for the rents of the houses which he had received from the time of the assignment made to him by the bankrupt: Held, that although this instrument was void, the rents, which the defendant, being equitable mortgagee, had received, could not be taken out of his hands by virtue of the registered assignment under the commission. [S. C. 9 L. J. M. C. 0. S. 226. Distinguished, Neve v. Pennell, 1863, 2 H. & M. 187. Commented on, In re Wight's Mortgage Trust, 1873, L. E. 16 Eq. 47. Eeferred to, In re Stephen's Estate, 1875, Ir. K. 10 Eq. 286. Applied, In re Burlce's Estate, 1881, 9 L. E. Ir. 24; Kettlewell v. Watson, 1884, 26 Ch. D. 507. Eeferred to, In re Ffrench's Estate, 1887, 21 L. E. Ir. 324; Battison v. Hobson, [1896] 2 Ch. 411; Finch v. Tranter, [1905] 1 K. B. 428.] Assumpsit for money had and received, &c. Plea, non assumpsit. At the trial before Lord Tenterden C.J., at the sittings in London after last Hilary term, the following facts appeared:-In 1827 the defendant and George Pound became the purchasers, in equal moieties, of some houses in the county of Middlesex. The defendant lent Pound 5001. to pay his half of the purchase-money. A conveyance of the premises to them was duly executed; and it was agreed between them that the deeds should stand as a security to the defendant for the money he had advanced : they were accordingly left in the possession of the...
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