Vernon v Bethell
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1762 |
| Date | 01 January 1762 |
| Court | High Court of Chancery |
English Reports Citation: 28 E.R. 838
HIGH COURT OF CHANCERY
8"38 VEKNON V. BETHELL ? EDEN, 110; [110] vhrnon v. bethell. 1762. A. having granted a mortgage of anticipation to B. of a ~West India; estate, being found upon an account taken to be greatly indebted to him, releases the equity of redemption to B. and his heirs; it not appearing, however, at the time to have been intended as an absolute sale, and B. having, both by letter and in conversation, stated himself as being only mortgagee in possession, a redemption was decreed. Legacy from B. to A. on condition that he notified to his executors his willingness to release his claims: held, that, he had forfeited his right to it by filing the present bill.-25th, 26th, 27th, & 29th Jan. 1762. Major Vernon was seised in fee of an estate in Antigua, of the value of about 1000 per- annum, from whence he had his sugars consigned to Mr. Bethell, a West India merchant in London, as his factor. Being indebted to the amount of 278 by mortgage upon the estate, he procured an assignment of the mortgage, bearing date 5th March 1729, to Bethell, and borrowed several further sums, amounting to about 5000 or 6000 ; the mortgage being made a security for any further sums which Bethell might advance to him. In a letter to Vernon, bearing date the 23d of April 1738, Bethell expressed himself as follows : " My account is swelled to so enormous an amount, that I must have possession of the Antigua estate, in order to save something for your family :" and at the same time inclosed the balance, which then amounted to 9541, 9s. Id. By indenture, bearing date the 25th of August 1738, reciting the mortgage, and several advances, and that the sum of 9976, Is. lid. was then due to Bethell, which was the full value of the inheritance, and that Vernon, for the consideration of five guineas, had agreed to convey the inheritance to Bethell, he releases and conveys the premises to hold to Bethell, his heirs and assigns. From that time Bethell continued in possession of the estate and receipt of the profits. The plaintiff having filed a bill for an account and redemption; Bethell died soon after, and in his will, dated the 19th of March 1758, was the following clause. " And whereas I have not devised my real estate in Antigua, which I purchased of Mr. Vernon, who sets up unjust [HI] pretences to defeat it, in order to leave my residuary legatee as little embarrassed as may be, I order my executors to pay John...
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