References: [1955] 1 QB 1
Ratio: The court was asked (1) Was the assurance to the Plaintiff Company of the unexpired residue of a term of years in house property in London an assurance of land in mortmain within the terms of section 1 of the Mortmain and Charitable Uses Act, 1888? (2) If so, was the term so assured automatically forfeited to the Crown by virtue of the same subsection?
Held: Both questions were answered affirmatively.
Statutes: Mortmain and Charitable Uses Act 1888
This case is cited by:
- Per incuriam – Morelle Ltd v Wakeling CA ([1955] 2 QB 379, Bailii, [1955] EWCA Civ 1, [1955] 2 WLR 672, [1955] 1 All ER 708)
The plaintiff asserted ownership of leasehold land. A similar situation had arisen in an earlier case befoe the Court of appeal, and the court was asked to decide that that case had been decided per incuriam.
Held: The per incuriam principle . .
(This list may be incomplete)
Last Update: 18 March 2019
Ref: 272569
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