Facts
- Mr Henning and his mistress lived in a house, unmarried, and had children
- Mr Henning was the sole legal owner, having paid £1,900 deposit and paid the rest via a £11,000 secured mortgage loan
- Mr Henning moved out and stopped paying the mortgage
Issue
- Could the bank obtain possession from the mistress?
Decision
- Yes
Reasoning
- The mistress had no beneficial interest in the house
- She knew and consented to the mortgaged
- Obiter – it is enough that a contributor knows or ought to know that a mortgage was used to help acquire land for there to be imputed consent to that mortgage and therefore for it to take priority of the interest of that contributor
