William v Sorrell
| Jurisdiction | England & Wales |
| Judgment Date | 28 January 1799 |
| Date | 28 January 1799 |
| Court | High Court of Chancery |
English Reports Citation: 31 E.R. 198
HIGH COURT OF CHANCERY
See Dixon v. Winch, [1900] 1 Ch. 742; Turner v. Smith, [1901] 1 Ch. 219.
[389] williams v. sorrell. Jan. 28th, 1799. [See Dixon v. Winch, [1900] 1 Ch. 742 ; Turner v. Smith, [1901] 1 Ch. 219.] After an assignment of a mortgage payments to the mortgagee without notice must be allowed by the assignee : the registry, the premises being in Middlesex, is not notice for this purpose. Tender after the bill filed of the balance, deducting the payments to the mortgagee, with costs, deprived the assignee of 'subsequent costs. By indenture, dated the 10th of April 1792, Benjamin Sorrell mortgaged certain leasehold premises in the county of Middlesex for the remainder of his term of sixty years, to secure the sum of 300 with interest to Thomas Clifton, subject to redemption upon payment of the principal and interest upon the 29th of September following ; and the said indenture contained a covenant by the mortgagor for payment of the mortgage-money and interest; and he gave a bond of the same date for the same. Thomas Clifton by indenture, dated the 16th of January 1794, in consideration of 600 advanced to him by Ann Williams, assigned the mortgage to Ann Williams, her executors, administrators, and assigns, subject to redemption on payment of 600 and interest on or before the 16th of January 1795 ; and as a farther security Clifton mortgaged other premises ; and he gave a bond of the same date in the penalty of 1200. The assignment of the mortgage was duly registered. Sorrell upon the 25th of January 1796, paid to Clifton 100 on account of the principal, and 14, 10s. for interest, due on the mortgage : the receipts for which sums expressed the former to be " in part of 300 secured by mortgage," and the latter to be " for interest due at Lady-day next." Upon the 22d of May 1796, Sorrell paid to Clifton the farther sum of 100 on account of the said principal money ; the receipt for which expressed that payment to be " in part of 200 due " upon the mortgage." Upon the 18th of May 1797, a commission of bankruptcy issued against Clifton, and he was duly declared a bankrupt. In July 1797 the assignee of the mortgage filed the bill for a foreclosure ; charging, that the registry of the assignment was notice to the mortgagor. Upon the 14th of September 1797, the money remaining due by the Defendant for principal and interest, the payments made to Clifton being...
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