Thorne V. Heard in Europe
Definition of Thorne V. Heard
([1895] A. C. 495). Where fraud is relied upon as taking the case out of the Statutes of Limitation it must be fraud of, or in some way ira put able to, the person invoking the aid of the statute.
H was first mortgagee of property and T second mortgagee. H sold under his power of sale, employing S, a solicitor, who had prepared both mortgages for all parties, and who was entitled to a third mortgage. S received the purchase- money, out of which he paid off H, and put among H’s papers a receipt signed by himself for payment of T and himself-. He converted T’s money to his own use, but paid interest on it to T until 1892, when he became bankrupt. H had no knowledge of T’s mortgage. Held, that H was entitled to plead the Statute of Limitations, which ran from the time of the misappropriation, and was not liable to T for his mortgage money
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Definition of Thorne V. Heard is, temporally, from A Concise Law Dictionary (1927). This page needs to be proofread.
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