Zouch, Lessee of Abbott and Another v Parsons
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1779 |
| Date | 01 January 1779 |
| Court | Court of the King's Bench |
English Reports Citation: 96 E.R. 332
COURTS OF WESTMINSTER-HALL
Followed,-v. Handcock, 1810, 17 Ves. 384. Approved, Allen v. Allen, 1842, 2 Dr. & War. 338. Referred to, Spachman v. Evan, 1868, L. R. 3 H. L. 244; Burnaby v. Equitable Reversionary Interest Society, 1885, 28 Ch. D 419; Carter v. Silber [1892], 2 Ch. 284; [1893], A. C. 360.
zouch, Lessee of Abbott and Another v. parsons. Conveyance of an infant mortgagee is binding, and cannot be avoided by his entry during infancy. [Quaere tamen.] [Followed, v. Handcock, 1810, 17 Ves. 384. Approved, Allen v. Allen, 1842, 2 Dr. & War. 338. Referred to, Spachman v. Evans, 1868, L. R. 3 H. L. 244; Burnaby v. Equitable Reversionary Interest Society, 1885, 28 Ch. D. 419 ; Carter \. Sitter [1892], 2 Ch. 284 ; [1893], A. C. 360.] S. C. 3 Burr. 1794. In ejectment, a special case. John Bicknell, seised in fee, by indentures of lease and release, 24th and 25th March, 1750-51, conveyed the lands in question to William Cook and his heirs, by way of mortgage for 2801. William Cook died, leaving John Lamb Cook, an infant, his son and heir, and his widow and said John Lamb Cook his executors and residuary legatees. John Bicknell, the mortgagor, afterwards brought the title-deeds to one Williams, [576] an attorney, to procure 4001. to pay off said mortgage, and for other purposes; who procured it of the lessors of the plaintiff: and, by lease and release, 29th and 30th June, 1761, the said John Lamb Cook then an infant between sixteen and seventeen, and Elizabeth Cook the widow, in consideration of the 2801., and said Bicknell, in consideration of 1201., released and confirmed the premisses to the lessors of the plaintiff and their heirs, to secure said 4001. Williams, when he drew the deed, apprehended the whole 2801. to remain due to the Cooks ; but, in fact, only 1091. thereof remained undischarged, the residue having been paid off in the lifetime of William Cook. Bicknell continued in possession from the time of his mortgage to William Cook, and in 1756 mortgaged the same to Thomas Thome for a term of years, to secure 2001.; and Thomas Thome, in March, 1762, assigned the same to the defendant Parsons, in consideration of 2281., the principal and interest then due. But before the said assignment, Williams, the attorney for the lessors of the plaintiffs, gave notice to the defendant of their mortgage in fee. On 27th March, 1764, two days before the assizes, John Lamb Cook (being still an infant under twenty years of age), made an entry on the premisses, in order to avoid the said lease and release of 1761 to the lessors of the plaintiffs. Qu. Whether the lessors of the plaintiffs have a right to recover the premisses ? Lord Mansfield, C.J., delivered the opinion of the Court. The merits will turn on two questions:-1st, whether this conveyance bound the infant? 2d, if not, whether the defendants can take advantage of it? I BLACK. W. B77. MICH. TERM, 6 GEO. III. K. B. 333 1st, miserable indeed would be the condition of infants in respect of themselves, if they can do no binding acts ; and in respect of others, if they were bound by none. The law, at the same time that it protects the imbecility of infants, permits many of their acts to be binding (h). If an infant does a right thing, which he was compell-able by law to da, his act is good : as if he makes equal partition, pays rent, admits copyholders, &c...
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