Whiteley v. Delaney

(Before the Lord Chancellor (Viscount Haldane) , Lords Kinnear , Dunedin , and Atkinson .)

Held that F was equitable transferee of B's first mortgage, and entitled to priority over C.

The majority of the Court of Appeal ( Cozens Hardy, M.R ., and Buckley, L.J., Fletcher Moulton, L.J . dissenting ), holding themselves bound by Toulmin v. Steere , 3 Mer.210, reversed the decision of Parker, J ., and held the appellants had allowed a first mortgage over certain property in Yorkshire to become extinct.

The facts summarised above are reviewed at length in their Lordships' judgment, as in those of Parker, J., and Fletcher Moulton, L.J.

Lord Chancellor —AS the result of the consideration which I have given to this appeal I have come to the conclusion that it is unnecessary for the House to express its opinion on the question whether Toulmin v. Steere was rightly decided. The case must, I think, be disposed of on other grounds—grounds which were to some extent referred to in the judgments both of Parker, J., and Fletcher Moulton, L.J.