Thomas C. Thompson & Anor V. P. Bravo Jones (1939)

LawGlobal Hub Judgment Report – West African Court of Appeal

Administration of Estates Act (1833)—Execution against Real Property Ordinance, 1924, (Cap. 61)—Legal and aquitable assets—Executors of a mortgagor of real property entitled to redeem.

Facts

The plaintiffs-appellants were the executors of one Joseph William ,Pratt. The deceased had mortgaged real property to the respondent. The principal money, interest, and expenses due were paid under the mortgage and the plaintiffs claimed a re-conveyance. It was held in the Supreme Court that section 3 of Cap. 61 did not give the executors any interest in the real estate of their testator and the claim was dismissed.

Held

(Reversing the decision of the Supreme Court) that section 3 of Cap. 61 added to the existing category of assets to be administered by the personal representative and made real estate ” legal assets ” ; and that the plaintiffs were entitled to a re-conveyance of the real property mortgaged.

Appeal allowed, and respondent ordered to re-convey to appellants the property in dispute.