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Price 18., with Supplement, 28. The following are the Names of the Gentlemen who favour THE JURIST with Reports of Cases argued and decided in the several Courts of Law and Equity: giving completeness to the title; and the only object, as between the parties, is for the mortgagor to obtain some slight amount of valuable consideration for his equity of redemption, and for the mortgagee to get a conveyance at the least possible expense. The question then arises, whether, if the mortgage debt be technically kept on foot as the debt of the mortgagor, the ad-valorem stamp must cover the mortgage debt, or whether it is not sufficient if it covers merely the consideration paid for the equity of redemption. The solution of this question depends principally upon the construction of a clause in the schedule to the Stamp Act, which is in the following words:-" And where any land or property shall be sold and conveyed, in consideration, wholly or in part, of any sum of money charged thereon by way of mortgage, wadset, or otherwise, and then due and owing to the purchaser, or shall be sold and conveyed subject to any mortgage, wadset, bond, or other debt, or to any gross or entire sum of money to be afterwards paid by the purchaser, such sum of money or debt shall be deemed the pur Most of our readers are, of course, well aware, that, according to the usual form of conveyance to pass an equity of redemption, the vendor conveys the land to the purchaser or his trustee, (subject to the mortgage debt, if the purchaser is not himself the mortgagee); and the purchaser, if he is not the mortgagee, covenants with the vendor to pay the debt; or, if he is the mortgagee, releases the debt. This is the usual transaction whenever the equity of redemption is really worth something; or, whenever the equity of redemption being worth nothing, the mortgagee himself takes a conveyance of it in consideration of the debt and interest, the mortgagee being a person to whom it is practically material to be freed from the debt, if he relinquishes the ownership of the security. When-chase or consideration money, or part of the purchase or ever this is the transaction, it is perfectly clear, that the ad-valorem stamp must cover the amount of the mortgage-money, as well as the consideration, if any, given for the equity of redemption. consideration money, as the case may be, in respect whereof the said ad-valorem duty is to be paid." The two questions upon this clause are, firstly, whether, supposing a mortgagee to purchase an equity of But, occasionally, instances occur, in which the debt, redemption for any given sum, and to take a conveyby accumulation of arrears of interest, so enormously ance without releasing the debt, the transaction comes exceeds the value of the security, and in which the within the first branch of the clause; and, secondly, mortgagor is so hopelessly insolvent, that the equity of whether, if the purchase be by a stranger, who takes redemption is superfluous as a protection against the a conveyance of the equity of redemption, without right of redemption of the mortgagor, and the release of covenanting to pay the mortgage debt, the transaction the debt is perfectly devoid of any practical utility to comes within the second branch of the clause. the mortgagor, whose safety against being sued upon the first supposed, the purchase is not in consideration of a Technically speaking, we apprehend, that, in the case bond or covenant is, that he is, and is well known to be, debt then due and owing to the purchaser; for the debt, incapable of paying the debt. In this sort of case, the not being released, remains the debt of the mortgagor, only value of the equity of redemption is by way of who might, we apprehend, be sued for it. VOL. X. E It seems settled, that a mortgagee may, after foreclosure, bring an action upon the bond or covenant contained in the mortgage-deed for the debt; only he thereby opens the foreclosure. (Aylett v. Hill, 2 Dick. 551; Dashwood v. Blythway, 1 Eq. Ca. Abr. 367; Perry v. Barker, 13 Ves. 198). That is, provided he will consent to revive the mortgagor's right to redeem, he may sue for the debt, although he has taken the estate by a decree of foreclosure. He may take the estate, but there is no personal property between him and the purchaser of the equity of redemption. But, supposing the mortgagee to sue and touched, it is equally clear, that, at law, the mortgagor recover against the mortgagor, leaving the estate unhas no remedy against the purchaser, who has not covenanted with him to pay the debt, and has, on the contrary, expressly bought the estate subject to the debt, that is, subject to the right of the mortgagee to pay himself out of it, if he prefers the security of the estate that, in that case, equity will hold the purchaser liable to the personal liability of the mortgagor. It is true, to indemnify the mortgagor; for, as Lord Eldon expressed it in Waring v. Ward, (7 Ves. 337), "This court would, if he (the purchaser) receives possession, and has the profits, independent of contract, raise upon his conscience an obligation to indemnify the vendor against the personal obligation to pay the money due upon the vendor's transaction of mortgage; for, being become the owner of the estate, he must be supposed to intend to indemnify the vendor against the mortgage." But what is this liability of the purchaser? It is not an immediate liability, either at law or in equity, to pay the debt; not a liability which makes the debt a debt in all events, afterwards to be paid by the purchaser, but merely an equitable liability,-a species of implied contract in equity,-that, if the mortgagor is made to pay out of his personal estate, the purchaser of his security shall then, and only on that contingency, be mortgagor for having paid the debt. We submit that such a liability does not make the mortgage debt a debt to be afterwards paid by the purchaser, and, therefore, that it does not form the consideration for the purchase of the estate, within the meaning of the Stamp Act. We are not apprised of any decision, that a mortgagee, having purchased the equity of redemption, may sue upon the debt, if it has not been released; but we submit to our readers, that there seems no reason why the doctrine applicable to the cases where he has obtained the equity of redemption by foreclosure, would not be equally applicable to the case where he has obtained it by purchase and conveyance. The doctrine of estoppel is out of the question, as the conveyance of the estate has nothing to do with the covenant to pay the debt; the question, whether the estate is or is not a security for the debt, being, in fact, a question purely of equity. And when we find the debt left, in point of form and at law, subsisting, upon a conveyance of the equity of redemption, the inference to be collected from the deed itself, so far from shewing any intention of the parties to treat the debt as the consi-bound, not to pay the debt, but to compensate the deration, shews, on the contrary, an intention not to relinquish the debt as a subsisting claim; but, to reserve to the purchaser his character of mortgagee, and his right, as such, still to proceed for the debt, if at any time he shall prefer doing so, subject to the condition of waiving his right to the equity of redemption of the estate. It may be very true, that, in substance, the debt is the consideration for the estate, thus far; that, so long as the debt remains unpaid, the estate remains the creditor's; and that the creditor cannot have the estate absolutely without giving up the debt; but that is only, in other words, to say that the relation of mortgagor and mortgagee is not absolutely destroyed; and the question ultimately comes back to this, whether a creditor, purchasing an estate of his debtor, not by absolutely giving up his claim, but by keeping, as it were, his right to sue only in abeyance, and reserving a right to sue if and when he chooses to give up the absolute ownership of the estate, can be said, strictly, to have given his debt as the consideration of the estate. If the debt cannot be said, in the strictest and fullest sense, to be the consideration, we apprehend the Stamp Act does not apply, as we must recollect that it is in the nature of a penal act, and is always construed most strictly, sometimes, indeed, with absurd strictness, against the revenue. COURT OF QUEEN'S BENCH. Feb. 12.-The court delivered judgment in the following cases:— Bond v. Nurse-Rule nisi. Page v. Hatchett-Rule refused on the first count; rule nisi Yates v. Watson-Rule refused. Topping v. Heyter-Rule absolute for new trial. for nonsuit. Doe d. Angell v. Angell-Rule absolute for new trial on pay- Taylor v. Tenant-Rule refused. Gale v. Lewis-Rule absolute for new trial. Feb. 13.-The court delivered judgment in Reg. v. The North Midland Railway Company-Inquisition quashed. On Saturday, Feb. 14, the court will deliver judgment in the following cases: Reg. v. The Inhabitants of Birmingham. Milner v. Meyers. Foster v. The Bank of England. Reg. v. Campbell. The case of a purchaser of an equity of redemption, when the mortgage debt is in a third person, the purchaser not covenanting with the mortgagor to pay the debt, must be dealt with in reference to the second branch of the clause of the Stamp Act above referred to; and the question will be, whether, in such a case, MASTERS IN CHANCERY.-The Lord Chancellor has the consideration is a mortgage debt, to be afterwards appointed the following gentlemen Masters Extraordipaid by the purchaser. Now, we contend, in the first nary in the high Court of Chancery:-Thomas Husplace, that the statute, by these last words, must be in-band Gill, of Devonport, in the county of Devon; Thotended to mean not a debt which the purchaser may, mas Amphlett, of Sutton Coldfield, in the county of in events, have to pay, but a debt which he is immedi-Warwick; James Philcox the younger, of Burwash, ately liable to pay and to be sued for. That the mort- in the county of Sussex; Thomas Nicks, of Warwick; gagee cannot sue the purchaser for the debt, is clear. William Knight, of Tamworth. EQUITY CAUSE LISTS AFTER HILARY TERM, 1846. Court of Chancery. Pocock v. Johnson Blundell v. Gladstone (4 caus. The following abbreviations have been adopted to abridge the space the Cause Papers would otherwise have occupied:-4. Abated-Adj. Adjourned-A. T. After Term-Ap. Hodgkinson v. Barrow (FD,C) Appeal-C. D. Cause Day-C. Costs-D. Demurrer-E. Ex-Colbourn v. Coling ceptions-F. D. Further Directions-M. Motion-P. C. Pro Confesso-Pl. Plea-Ptn. Petition-R. Re-hearing-S. O. Stand Over-Sh. Short. land Before the LORD CHANCELLOR. APPEALS. Ditto . Boynton to be Ditto v. Strickland fixed. Millar v. Craig (Ap) A pt. hd. Vandeleur v. Blagrave (Ap) To fix a day Strickland . Strick-7 (Ap) | Courtney v. Williams (Ap) Crosley v. Derby Gas Co. Johnson v. Child (Ap) Gompertz v. Gompertz (3 }(AP) Thomas v. Blackman (Ap) Gowar v. Bennett (FD) Hickson v. Smith (at deft. request) Palmer v. Pattison (F D, C) Chambers v. Waters (E) Vale v. Sherwood (F D, C) Whitcombe v. Deakins the Lord Chancellor. Beavan v. Gibert (E, 2 sets) Beveridge Ditto v. Cooksey} (F D, C) }(E) Before the Vice-Chancellor WIGRAM. CAUSES, FURTHER DIRECTIONS, AND EXCEPTIONS. Brown v. Whiteway (D) Snelling v. Snelling (2 causes) Paternoster v. Paternoster Walker v. Watkin Lister v. Turner Beswick v. Hallam (F D, C) London Gazettes. TUESDAY, FEBRUARY 10. BANKRUPTS. STEPHEN BRETTON and THOMAS TUNWELL, Char- WILLIAM BEYNON, Birmingham, button, cabinet, brass MEETINGS. Wm. W. Yeld and Wm. B. Dawes, Rugeley, Staffordshire, brewers, Feb. 26 at 1, District Court of Bankruptcy, Birmingham, ch. ass.-Hen. Rowbotham and Robert J. Kenworthy, Brinksway, near Stockport, Cheshire, and Manchester, calico printers, Feb. 18 at 11, District Court of Bankruptcy, Manchester, last ex.-Isaac Blackburn, Minories, and RICHARD ENSOLL, Broad-street, Bloomsbury, Middlesex, Northumberland-alley, Fenchurch-street, London, engineer, draper, dealer and chapman, Feb. 20 at half-past 11, and March 3 at 12, Court of Bankruptcy, London, aud. ac.—Thos. March 27 at half-past 12, Court of Bankruptcy, London: Ratnett, Cambridge, tailor, March 4 at 11, Court of Bank. Off. Ass. Alsager; Sols. Mardon & Prichard, Christchurch-ruptcy, London, aud. ac. and div.--Benj. Jones, City-road, chambers, Newgate-st.-Fiat dated Feb. 5. Middlesex, draper, March 3 at half-past 2, Court of BankJOHN THOMAS PASCOE, High-street, Mile-end New- ruptcy, London, aud. ac.- -Moss Davids, Paternoster-row, town, and Heneage-street, Spitalfields, Middlesex, metal London, fishmonger, March 3 at 11, Court of Bankruptcy, refiner, Feb. 27 at half-past 1, and March 27 at 12, Court London, aud. ac.-Lucy Lang and Ann B. Smith, Charterof Bankruptcy, London: Off. Ass. Alsager; Sol. Smith, house-square, Charterhouse-st., Middlesex, private boardingFinsbury-terrace.-Fiat dated Feb. 2. house keepers, March 4 at 1, Court of Bankruptcy, London, THOMAS FRANCIS SAUNDERS, Burton-upon-Trent, aud. ac.-Sam. Phillips, Kingston-upon-Hull, hatter, March Staffordshire, brewer, Feb. 17 at 11, and March 20 at 2, 6 at 11, District Court of Bankruptcy, Leeds, aud. ac.-Wm. Court of Bankruptcy, London: Off. Ass. Pennell; Sol. Senior, Sheffield, Yorkshire, hosier, March 6 at 11, District Seaman, 12, Pancras-lane, Cheapside.-Fiat dated Feb. 9. Court of Bankruptcy, Leeds, aud. ac.; March 9 at 11, div.WILLIAM BURROWS, Grove-street, Hampstead-road, John Burton, Levenshulme, Lancashire, victualler, March 5 Middlesex, builder, Feb. 17 and March 18 at 1, Court of at 12, District Court of Bankruptcy, Manchester, aud. ac.Bankruptcy, London: Off. Ass. Bell; Sol. Roberts, 2, Hen. C. M. Dyer, Manchester, and New Broad-st., London, Bride-court, Fleet-st.-Fiat dated Feb. 6. merchant, March 5 at 12, District Court of Bankruptcy, ManJOSEPH JOHNS, Grosvenor-st., Pimlico, Middlesex, cook chester, aud. ac.-John M. Knott, Aston-nigh-Birmingham, and confectioner, Feb. 17 and March 18 at half-past 12, Warwickshire, wholesale stationer, March 2 at 11, District Court of Bankruptcy, London: Off. Ass. Johnson.-Fiat Court of Bankruptcy, Birmingham, aud. ac.-Eliz. Glover, dated Feb. 5. Shelton, Stoke-upon-Trent, Staffordshire, publican, March 2 JAMES BLYTH, Chelmsford, Essex, grocer and cheese- at 11. District Court of Bankruptcy, Birmingham, aud. ac.— monger, dealer and chapman, Feb. 16 at half-past 11, and Jos. Gould, Sheen, Staffordshire, cheese factor, March 2 at 11, March 21 at 11, Court of Bankruptcy, London: Off. Ass. District Court of Bankruptcy, Birmingham, aud. ac. and div. Follett; Sol. Heath, Nag's Head-court, Gracechurch-street. John Yates, Guernsey, and York-road, Lambeth, Surrey, Fiat dated Feb. 3. shipowner, March 3 at 1, Court of Bankruptcy, London, div. WALTER SPIERS, North Audley-st., Oxford-st., Middle--John Mortimer, Adelaide-street, West Strand, Middlesex, sex, printer, dealer and chapman, Feb. 19 at 1, and March bookseller, March 4 at half-past 1, Court of Bankruptcy, London, 24 at 11, Court of Bankruptcy, London: Off. Ass. Tur- div.-W. Williams, High-st., St. Giles's, Middlesex, victual. quand; Sol. Hepburn, Copthall-court.-Fiat dated Feb. 4. ler, March 4 at 1, Court of Bankruptcy, London, div.—James GEORGE GODDARD, Leicester, tea dealer and grocer, Mabbs the younger, Chichester, Sussex, baker, March 4 at Feb. 19 at 12, and March 24 at half-past 11, Court of half-past 12, Court of Bankruptcy, London, div.-Joseph Bankruptcy, London: Off. Ass. Graham; Sols. Hill & Moore, Tamworth, Warwickshire, draper, March 4 at 12, Mathews, St. Mary Axe.-Fiat dated Feb. 3. Court of Bankruptcy, London, div.-Ch. Tapp, Wigmore-st., SAMUEL PURSELL, Strand, Middlesex, ironmonger, dealer St. Mary-le-bone, Middlesex, coach maker, March 4 at halfand chapman, Feb. 20 at 2, and March 20 at 12, Court of past 11, Court of Bankruptcy, London, div.-Wm. Henry Bankruptcy, London: Off. Ass. Edwards; Sol, Hughes, Blackmore, Dean-street, Soho-square, Middlesex, plumber, Bedford-st., Covent-garden.-Fiat dated Feb. 7. March 4 at 2, Court of Bankruptcy, London, div. — John COOPER EWBANK, Manchester, share broker, dealer and Smith, Liverpool, licensed victualler, March 3 at half-past chapman, Feb. 21 and March 19 at 12, District Court of 11, District Court of Bankruptcy, Liverpool, div.-John Bankruptcy, Manchester: Off. Ass. Hobson; Sols. Binney, Burton, Levenshulme, Lancashire, victualler, March 6 at 12, Manchester; Capes & Co., Gray's Inn.-Fiat dated Feb. 5. District Court of Bankruptcy, Manchester, first and fin. div. WILLIAM JAMES DUNSFORD, Bristol, surgeon and apothecary, Feb. 24 and March 24 at 11, District Court of Bankruptcy, Bristol: Off. Ass. Acraman; Sol. Smith, Bristol.-Fiat dated Feb. 5. RICHARD ALLERTON, Bootle-cum-Linacre, Lancashire, wheelwright, dealer and chapman, Feb. 27 and March 24 at 12, District Court of Bankruptcy, Liverpool: Off. Ass. Morgan; Sols. Bradley, Liverpool; Walker, Furnival's Inn, London.-Fiat dated Feb. 6. Betty Thorniley, Broadbottom, Mottram in Longendale, Cheshire, grocer, March 3 at 12, District Court of Bankruptcy, Manchester, fin. div.-John Dyson, Abby Dale Works, Sheffield, Yorkshire, scythe manufacturer, March 5 at 11, District Court of Bankruptcy, Leeds, div.-James Crich, Sheffield, Yorkshire, maltster, March 5 at 11, District Court of Bankruptcy, Leeds, div.-Geo. Holdsworth, Northowram, Halifax, Yorkshire, worsted spinner, March 5 at 11, District Court of Bankruptcy, Leeds, div.-John King, |