High Court of Australia
OF AUSTRALIA. 153
4 16C.L.R.] :
{HIGH COURT OF AUSTRALIA.]
DRAKE i F A 1 A < . APPELLANT;
AND
TEMPLETON (Registrar or TITLEs) A . RESPONDENT.
ON APPEAL FROM THE SUPREME COURT OF VICTORIA.
Mortgage—Registration—Contributing mortgage—Money advanced by mortgagecs H. C. or A. in unequal shares—Tenancy in common—Transfer of Land Act 1890 (Vict.) 1913,
(Wo. 1149), secs. 57, 65, 113, 229, 240. — - : MeELBourne, By an instrument of mortgage a mortgagor mortgaged certain land under rics TST
the 'ransfer of Land Act 1890 to two mortgages, 'The instrument, after setting out the usual covenants, contained a number of provisoes. At the end Grifith 0.3, of the first proviso, which related to the postponement of the time for payment Isaacs and
of the principal in the event of punctual payment of interest and due per- "9 Pufly JJ. formance of the covenants, was a clause stating that "it is hereby agreed"
that the principal sum " belongs to" the two mortgagees in unequal speci-
fied proportions. 'Che Registrar of Titles having refused to register the
instrument,
Held, that the mortgage was a mortgage to the mortgagees as several owners, and not as joint owners, that there was nothing in the Act prohibit- ing the registration of such a mortgage, and, therefore, that the Registrar
should have registered it.
Decision of aBeckett J.: In re Transfer of Land Act 1890; Drake v, Templeton, (1913) V.L.R., 9; 34 A.L.T., 146, reversed.
AppgaL from the Supreme Court of Victoria.
By an instrument of mortgage under the Transfer of Land Act 1890, dated 28th May 1912, entered into between Hugh Drake, the mortgagor, and Margaret Jane Mackay and Elizabeth Atchison, the mortgagees, it was stated that the consideration
154 HIGH COURT (1913,
H.C. or A. was the sum of £700 lent to him by the mortgagees. The mort- ae gagor covenanted to pay to the mortgagees the principal sum of Draxe £700 on Ist December then next, and interest thereon at a 'Temrruron, Ce'tain rate so long as the principal or any portion of it should remain unpaid, The mortgage then set out a number of other
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