REPORTS OF APPEAL CASES IN THE HOUSE OF LORDS, During the Session, 1818. 58 GEO. III. ENGLAND. APPEAL FROM THE COURT OF EXCHEQUER. RUSCOMBE and another-Appellants. -HUSBAND HUSBAND, having two mortgages on his estate, devises it to June 23, his wife, and dies. Wife, having married again, joins 1817; Feb. 6, her second husband in another mortgage of the estate, June 5, 1818. consolidating the two former mortgages into one, at a different rate of interest, reserving the equity of redemp- MORTGAGE. tion to the husband and his heirs, without any recital or special circumstance to show that it was the intention of the parties to make a new settlement of the estate. Husband, after death of the wife, deals with the property as his own, disposes of part for val. con. and dies. Bill by heir at law of the wife, against the purchaser, representatives of the husband, and mortgagee, to redeem; and decreed accordingly; and the decree affirmed in Dom. Proc., with alterations as to the manner of taking the accounts: The rule being that, where husband and wife mortgage June 23, MORTGAGE. AND WIFE. the wife's estate, and the equity of redemption is reserved to the husband and his heirs, without recital or special circumstance to show the intention to make a new settlement of the estate; the husband has the equity of redemption, as he before had the legal estate, only jure uxoris. Bill filed, 1800. 1749, 1762. THE bill filed in T. T. 1800 in the Exchequer, against William House, Richard Ruscombe, Alexander Bruford, the younger, Francis Bruford, and William Long, stated, that Nicholas Hare, seized in fee of certain lands and other hereditaments, in the parish of Lyng, in Somersetshire, in 1749, by Mortgages, lease and release mortgaged the premises to William House for SCO., with interest at four and a half per cent, and covenanted to levy a fine, sur conuzance de droit come ceo, &c. the uses of which were to enure to House, his heirs and assigns, subject to the proviso for redemption; and the fine was duly levied. In 1762, Hare mortgaged the premises for a further sum of 450l. and interest at four and a quarter per cent. to the same House. . Hare, afterwards, by his will, dated 21st June, 1757, devised all his freehold estates and lands of inheritance whatsoever, to his wife Mary Hare, her heirs and assigns; and made her sole executrix and residuary legatee. He died in 1764, leaving the said Mary Hare, the Respondent's mother, his widow, and the Respondent, then an infant of two years of age, his son and heir at law, him surviving. Mary Hare proved the will, and took upon herself the execution. In 1765 Mary Hare intermarried with Alexander June 23, Bruford. 1817; Feb. 6, June 5, 1818. MORTGAGE. -HUSBAND In 1766, by indentures of lease and release, made between Bruford and Mary his wife of the one part, and House of the other, reciting the AND WIFE. indentures of 1749, and deed poll of 1762; that the principal sums of 800l. and 450l. and 1766, huswere mortgage the band and wife wife's estate, two former not paid; the will and death of Nicholas Hare, the consolidating mortgagor; the marriage of Mary Hare with Bru-into one the ford; and that the sums of 800/. and 450l. were mortgages. then due from Bruford and his wife; but that all the interest had been paid up to that time by Bruford it was witnessed, that for the better securing the said sums of 8001. and 450/, with such interest for the same as thereinafter mentioned; that is, interest at the rate of 51. per cent. Bruford and Mary his wife granted, bargained, sold, &c. the premises to House, discharged of the former proviso for redemption, but subject to another proviso, Equity of redemption rethat in case Bruford should pay the two sums, served to the amounting together to 1250l. and interest at 57. per husband. cent. at a time therein specified, House should reconvey the premises to the husband Bruford, his heirs and assigns for ever; and Bruford and Mary his wife, jointly and separately, declared and agreed, that all fines and recoveries, &c. theretofore levied and suffered of the said premises, and a fine then intended to be levied, and which Bruford covenanted for himself and his wife, to levy to House, should be and enure to the use of House, his heirs and assigns, subject to the condition of redemption.This last-mentioned fine was afterwards levied. House died in May, 1791, having made a will, husband and |