000 01695cab a2200265 4500
001 ABS59357
008 090401t1998 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u88847
041 _aeng
245 _aTSB Bank plc v Marshall and others
260 _c1998
350 _a0
490 _aEstates Gazette
_v[1998] 39 EG 208-211(4)
520 _a"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
650 _aBANK
650 _aBENEFICIAL INTEREST
650 _aMORTGAGE
650 _aPOSSESSION
650 _aREPOSSESSION
650 _aTRUSTS OF LAND AND APPOINTMENT OF TRUSTEES ACT 1996
650 _aTSB BANK PLC V MARSHALL AND OTHERS
690 _aPROPERTY LAW AND PRACTICE-CASE LAW
942 _n0
948 _c06/10/1998
999 _c56186
_d56186