||All England Reporter
|| All ER (D) 177 (Dec)
|| UKHL 63
||House of Lords
Lord Irvine of Lairg LC, Lord Hutton, Lord Millett, Lord Scott of Foscote and Lord Rodger of Earlsferry
||Nicholas Davidson QC and Howard Smith (instructed by Beveridge Milton) for the appellant.
||Michael Briggs QC, Jeremy Cousins QC and John Brennan (instructed by Moran & Co) for the respondent.
||13 December 2001
Mortgage - Debt - Repayment - Construction of standard form mortgage - Two mortgagors - Whether appellant liable for separate debts of co-mortgagor.
On its true construction the payment covenant in a standard form mortgage constituted a covenant by the appellant and his co-mortgagor to pay their joint debts to the bank, to pay the co-mortgagor's debts to the bank and to pay the appellant's debts to the bank. Accordingly the appellant was liable to the bank for his co-mortgagor's indebtedness arising out of advances to him which had nothing to do with the appellant.
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