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In Noakes & Co. Ltd. v. Rice (House of Lords, decided 1901), which judge said that “Redemption is of…

The report of Noakes & Co. Ltd. v. Rice attributes the quoted words to Lord Macnaghten. Lord Halsbury gave a separate speech about the same rule against clogs on redemption.

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In Noakes & Co. Ltd. v. Rice (House of Lords, decided 1901), which judge said that “Redemption is of the very nature and essence of a mortgage” in equity?

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Answer and explanation

Correct answer D

The report of Noakes & Co. Ltd. v. Rice attributes the quoted words to Lord Macnaghten.

Lord Halsbury gave a separate speech about the same rule against clogs on redemption.

Option feedback

Option A

Lord Lindley wrote a separate speech. The quoted words open Lord Macnaghten’s explanation.

Option B

Lord Davey discussed three equitable doctrines in his own speech. The quoted sentence is from another speech.

Option C

Lord Halsbury gave the opening speech and treated the covenant as a clog. The quoted sentence appears in Lord Macnaghten’s speech.

Option D

The report attributes this wording to Lord Macnaghten.

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