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The Court of Appeal

REPORTED BY
AUBREY JOHN SPENCER, AMYAND JOHN HALL, ARTHUR CORDERY,
W. E. GORDON, G. HUMPHREYS, AND JOSEPH SMITH,

BARBISTERS-AT-LAW.

EDITOR :

JOHN MEWS.

SUB-EDITORS :
W. E. GORDON AND A. J. SPENCER.

VOLUME LXVIII.

[COSTEM TORARY WITH LAW REP. [1899] 1 & 2 Ch. ; AND LAW REP. (1899] A. C.]

PUBLISHED FOR THE PROPRIETORS AT THE OFFICE OF
THE LAW JOURNAL REPORTS, 119 CHANCERY LANE, LONDON.

1899.

942 TG

MICHAELMAS 1899.

HER MAJESTY'S COURT OF APPEAL. The Right Hon. Earl of HALSBURY, Lord High Chancellor, President. The Right Hon. Baron RUSSELL OF KILLOWEN, G.C.M.G., Lord Chief Justice of

England. The Right Hon. Sir NATHANIEL LINDLEY, Master of the Rolls. The Right Hon. Sir FRANCIS HENRY JEUNE, K.C.B., President of the Probate,

Divorce, and Admiralty Division. The Right Hon. Sir ARCHIBALD LEVIN SMITH, Lord Justice of Appeal. The Right Hon. Sir John Rigby, Lord Justice of Appeal. The Right Hon. Sir Richard Henn Collins, Lord Justice of Appeal. The Right Hon. Sir Roland VAUGHAN WILLIAMS, Lord Justice of Appeal. The Right Hon. Sir ROBERT ROMER, Lord Justice of Appeal.

HER MAJESTY'S HIGH COURT OF JUSTICE.

CHANCERY DIVISION.
The Right Hon. Earl of HALSBURY, Lord High Chancellor, President.
The Hon. Sir FORD NORTH.
The Hon. Sir JAMES STIRLING.
The Hon. Sir ARTHUR KEKEWICH.
The Hon. Sir EDMUND WIDDRINGTON BYRNE.
The Hon. Sir HERBERT HARDY COZENS-HARDY.
The Hon. Sir GEORGE FARWELL.

QUEEN'S BENCH DIVISION.
The Right Hon. Baron RUSSELL OF KıllowEN, G.C.M.G., Lord Chief Justice

of England, President.
The Hon. Sir JAMES CHARLES MATHEW.
The Hon. Sir John CHARLES DAY.
The Hon. Sir ALFRED Wills.
The Hon. Sir WilLIAM GRANTHAN.
The Hon. Sir John COMPTON LAWRANCE.
The Hon. Sir ROBERT SAMUEL WRIGHT.
The Hon. Sir GAINSFORD BRUCE.
The Hon. Sir WILLIAM RANN KENNEDY.
The Hon. Sir EdwARD RIDLEY.
The Hon. Sir John CHARLES BIGHAM.
The Hon. Sir CHARLES JOHN DARLING.
The Hon. Sir ARTHUR MOSELEY CHANNELL.
The Hon. Sir WALTER GEORGE FRANK PHILLIMORE, Bart.
The Hon. Sir THOMAS TOWNSEND BUCKNILL.

PROBATE, DIVORCE, AND ADVIRALTY DIVISION. The Right Hon. Sir FRANCIS HENRY JEUNE, K.C.B., President. The Hon. Sir John GORELL BARNES.

Sir RICHARD EVERARD WEBSTER, Bart., Q.C., G.C.M.G., Attorney-General. Sir ROBERT BANNATYNE FINLAY, Q.C., Solicitor-General.

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CHARTER V. WATSOX.

sum

8. 7.

KEKEWICH, J.

the one part, and Job Watson, of Heming1898.

ford Grey, in the same county, of the Oct. 27, 28.

other part, it was witnessed that in con

sideration of a of 3501. Joseph Mortgage - Equity of RedemptionFreeholds, Copyholds, and Policy of In

Charter and his wife granted certain free

hold lands and a windmill to Job Watson surance-Lapse of Time-Real Property

in fee, subject to the proviso for redempLimitation Act, 1874 (37 & 38 Vict. c. 57),

tion thereinafter contained; and the

indenture also witnessed that for the conWhere real property and a policy of siderations aforesaid Joseph Charter and insurance have been included in one mort- his wife covenanted to surrender certain gage-deed, to secure one indivisible amount, copyholds to such uses as Job Watson and all subject to one and the same proviso should by deed appoint, and in default to for redemption, and the mortgagee has the use of Job Watson, his heirs and been in possession of the property for more assigns for ever, subject to the proviso for than twelve years without giving any redemption thereinafter contained ; and acknowledgment of the title of the mort- the indenture further witnessed that for gagor, so that the right of the mortgagor to the considerationsaforesaid Joseph Charter redeem the land has become barred by the assigned to Job Watson, his executors, Real Property Limitation Act, 1874, the administrators, and assigns, all that policy right to redeem the policy will also be of assurance on the life of Joseph Charter barred.

in the Royal Insurance Co. for 1001.,

dated April 28, 1860, and numbered By two indentures and a surrender 6,368, together with all bonuses, benefits, certain freeholds and copyholds and a and advantages to be recovered by virtue policy of insurance were assured to Job of the said policy, and all the estate and Watson to secure the sum of 9001. and interest therein of Joseph Charter, to interest. The question in the action hold the said policy of assurance to Job arose under the second deed.

Watson, his executors, administrators, and By that deed, dated July 1, 1869, and assigns, absolutely, subject nevertheless made between Joseph Charter, of Somer- to the proviso for redemption thereinafter sham, in the county of Huntingdon, and contained—that was to say, that if Joseph the plaintiff, Sarah Charter, his wife, of Charter or his wife should pay to Job VOL. 68.-CHANC.

B

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