"TSB Bank plc v Marshall and others" Newport County Court. The defendants acquired the freehold of the subject property as joint tenants under a trust for sale. The object of the trust was to provide a home. Following a divorce and the making of a court order the third defendant executed an assignment of his interest to the second defendant. The second defendant then married the first and by a deed of gift and conveyance purported to convey the property to herself and the first defendant. The marriage was dissolved, an order to transfer back the first defendant`s interest was made. It was agreed that because the 1984 assignment failed to deal with the legal estate, the third defendant remained a joint tenant of the estate and the charge to the bank did not create a legal mortgage in its favour. The first defendant`s equitable interest was transferred to the second subject to the mortgage to the bank. Following arrears of repayments, the bank sought possession. Held; granted