9911796707
TMI Blog1921 (3) TMI 4X X X X Extracts X X X X X X X X Extracts X X X X ..... erting that he was entitled to a one-third share in cash. The District Judge, by whom the action wan first beard, decreed in the plaintiff's favour with regard to the first estate, but finalist him with regard to the other. An appeal was taken from that decree to the High Court who varied it by declaring that the plaintiff was entitled to one-third of the second estate as well as of the first. A receiver having been appointed of the rents of both estates on the 14th February 1907, the plaintiff obtained an order enabling the receiver to pay over to him his interest on the Medur Estate under the judgment of the High Court as it then stood. Unfortunately for him, the uncertainties of litigation resulted in a decree of His Majesty in Counc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he appellant, but from the direction given on the 15th December as to appropriation this appeal has been brought. The reason given by the learned Judges for their judgment was that they regarded the payments already made as shown in an account filed by the defendants in the District Court on the 25th August 1915, as payments that had in fact been appropriated by the defendant as against principal, and that from suit appropriation there was no opportunity for them to recode, The account referred to is sat out in the record in these proceedings and it shows that as each sum of money was received it was charged with iafcarast at the rate of 9 par cent and carried forward until the end of the Rayt, when the tow suit so found was creditable as a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed upon the debt, and is not paid, would be depriving the creditor of the benefit to which he is entitled under his contract. 4. Their Lordships can find nothing in this case to take the question outside the general principle referred to by the learned Lord Justice. They, therefore, think that the money received must be applied in the ordinary way, first in the reduction of the interest and when that is satisfied in the reduction of the principal. So far, therefore, as the appellants appeal is concerned this means that the High Court have been mistaken in the view that they took and that the appeal should be allowed, but there is before their Lordships a cross appeal which, first of all, raises the contention that the interest ough ..... X X X X Extracts X X X X X X X X Extracts X X X X
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