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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 ...
Technically the term "mortgage" refers to the security interest in the collateral, but in commercial parlance the term is often used inclusively as a reference to the entire secured lending arrangement. The law of mortgages is notoriously complex. In a 1986 working paper relating to land mortgages, the Law Commission commenced thus:
Over the 18th century, the law of real property mostly came to a standstill in legislation, but principles continued to develop in the courts of equity, notably under Lord Nottingham (from 1673 to 1682), Lord King (1725–1733), Lord Hardwicke (1737–1756), Lord Henley (1757–1766), and Lord Eldon (1801-1827). [29]
A mortgage is a legal instrument of the common law which is used to create a security interest in real property held by a lender as a security for a debt, usually a mortgage loan. Hypothec is the corresponding term in civil law jurisdictions, albeit with a wider sense, as it also covers non-possessory lien .
RBS plc v Etridge (No 2) Court: House of Lords: Full case name: Royal Bank of Scotland Plc v Etridge (No.2), Barclays Bank Plc v Coleman, Barclays Bank Plc v Harris, Midland Bank Plc v Wallace, National Westminster Bank Plc v Gill, UCB Home Loans Corp Ltd v Moore, Bank of Scotland v Bennett, Kenyon-Brown v Desmond Banks & Co (Undue Influence) (No.2)
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 ...
Over the 18th century English property law, and trusts with it, mostly came to a standstill in legislation, but the Court of Chancery continued to develop equitable principles notably under Lord Nottingham (from 1673–1682), Lord King (1725–1733), Lord Hardwicke (1737–1756), and Lord Henley (1757–1766).
Robert Henley was born Robert Eden at Lambeth Palace, London, [1] the second son of diplomat Morton Eden, and his wife, Lady Elizabeth, youngest daughter of Lord Chancellor Robert Henley, 1st Earl of Northington (c. 1708–1772) and eventual heiress to her brother, Robert Henley, 2nd Earl of Northington.