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Vernon had taken out a £278 mortgage on the land, and on 5 March 1729 he assigned the mortgage to Mr Bethell, to whom he sold sugar, and got from him further loans of £5000 to £6000. On 23 April 1738 Bethell requested repayment of sums owed, by then £9541 9s 1d, or the enforcement of the security by taking possession of the land, but still ...
Mortgages in English law are a method of raising capital through a loan contract. Typically with a bank, the lender/mortgagee gives money to the borrower/mortgagor, who uses their property/land/home as security (essentially a reassurance) that they will repay the debt and any relevant interest.
Robert Henley, 1st Earl of Northington, PC (c. 1708 – 14 January 1772), was the Lord High Chancellor of Great Britain. He was a member of the Whig Party in the parliament and was known for his wit and writing.
In 1762, in Vernon v Bethell, [166] Lord Henley LC held that "necessitous men are not, truly speaking, free men", so a mortgage lender was barred from acquiring his debtor's Antigua sugar plantation. The principle inspired the Second Bill of Rights in 1944, for social and economic rights in US legislation.
The formal start of an English law of real property came after the Norman Invasion of 1066 when a common law was built throughout England. The new king, William the Conqueror, started standardising England's feudal rules, and compiled a reference for all land and its value in the Domesday Book of 1086. This was used to determine taxes, and the ...
Arms of the Baron Henley: Quarterly: 1st and 4th: Gules, on a chevron argent between three garbs or banded vert as many escallops sable (Eden); 2nd and 3rd: Azure, a lion rampant argent ducally crowned or a bordure of the second charged with eight torteaux (Henley). Lord Henley is the eldest son and fourth child of the 7th Baron Henley and his ...
Lord Henley, the Lord Chancellor, dismissed the action, with costs against Shanley. In his judgment he held that as soon as a person set foot on English soil, he or she became free and that a "negro" might maintain an action against his or her master for ill usage, together with an application for habeas corpus if detained.
This was the mortgage by conveyance (aka mortgage in fee) or, when written, the mortgage by charter and reconveyance [8] and took the form of a feoffment, bargain and sale, or lease and release. Since the lender did not necessarily enter into possession, had rights of action, and covenanted a right of reversion on the borrower, the mortgage was ...