Sumpter and Others, Assignees of Pound, against Cooper

JurisdictionEngland & Wales
Judgment Date25 April 1831
Date25 April 1831
CourtCourt of the King's Bench

English Reports Citation: 109 E.R. 1126

IN THE COURT OF KING'S BENCH.

Sumpter and Others, Assignees of Pound, against Cooper

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...

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