Thomas v Cross
| Jurisdiction | England & Wales |
| Court | High Court of Chancery |
| Judgment Date | 22 April 1865 |
| Date | 22 April 1865 |
English Reports Citation: 62 E.R. 682
HIGH COURT OF CHANCERY
S. C. 34 L. J. Ch. 580; 11 Jur. (N. S.)384; 12 L. T. 293.
Proceeds of Sale. Judgments.
[423] thomas v. cross. April 22, 1865. [S. C. 34 L. J. Ch. 580; 11 Jur. (N..S.) 384; 12 L. T. 293.] 13th sec. of 1 & 2 Fie. c. 110. Proceeds of Sale. Judgments. "Where real estate was devised upon absolute trust for sale, and proceeds of the sale were directed to be divided among testator's sons : Held, that the interest of such sons in such proceeds of sale did not come within the 13 section of the 1 & 2 Vic. e. 110; and, therefore, that judgment creditors had no charge on such interest by virtue of their judgments; and that judgment creditors who had obtained charging or stop-orders on the fund which was in Court had priority according to the dates of such orders. , This was an adjourned summons. The suit was for foreclosure; the Plaintiff's priority as first mortgagee not being disputed. The mortgaged premises comprised (inter alia) certain real estates, some parts of which were in Middlesex, being the share of the Defendant, James Cross, the mortgagor, under the will of John Cross. This will was proved in March 1836. By the will the estates in question were devised upon trust for the testator's wife for life, with remainder upon trust to sell and divide the income of proceeds of sale among the testator's sons for life, James Cross being one of those sons. The testator's wife died in September 1856, but the realty was not sold till 1862, [424] Upon the usual inquiry as to priorities of various incumbrancers directed by the decree the following...
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
-
Irani Finance Ltd v Singh
...at Law or in Equity, whether in Possession, Reversion, Remainder, or Expectancy." 10 In 1865 Vice Chancellor Kindersley, held in Thomas v. Cross, 2 Drewry & Smale, 423, that the judgment debtor's interest in the proceeds of sale of land subject to a trust for sale was not charged by th......
-
Cedar Holdings Ltd v Green
...binding in this case, because it was a decision upon a different Act and rested in part on the long standing authority of Thomas v. Cross, Prury & Smile, 423 (62 English Reports, 682) that proceeds of sale under a trust for sale are not within the words "lands and H hereditaments", "of......
-
Stevens v Hutchinson
... ... McWhirterF2; In re BrockbankF3; Ideal Bedding Co. Ld. v. HollandF4; In re KippingF5; In re PottsF6; Tempest v. Lord CamoysF7; Thomas v. CrossF8; In re Warren.F9 ... UPJOHN J., having stated the facts, continued:— The plaintiff claims to be entitled to an order for sale of the ... ...
-
Elias v Mitchell
...299; [1953] 2 W.L.R. 545; [1953] 1 All E.R. 699. Taylor v. Taylor (1968) [1968] 1 W.L.R. 378; [1968] 1 All E.R. 843, C.A. Thomas v. Cross (1865) 2 Drew & Sm. 423. Thomas v. Rose [1968] 1 W.L.R. 1797; [1968] 3 All E.R. 765. The following additional cases were cited in argument: Hodgson v. Ma......
