APPIAH V. BASIL

LORD MORRIS: Anthony died in December, 1952. Down to that date no claim appears to have been made but some years later, i.e. on the 2nd February, 1956, the personal representatives of Anthony (who are the present appellants) commenced an action against the respondent. They claimed that the provision in the indenture of the 11th November, 1927, under which Basil was to retain half of the mortgaged property amounted to a clog on Anthony’s right of redemption. They contended that the surrender by Anthony in 1931 of the lease of the original plot 435 and its division into two moieties was a step in the fulfilment of the provisions of the 1927 indenture. The statement of claim contained the following paragraphs:

“5. In pursuance of the said mortgage agreement, the Mortgagor surrendered unto the Government of Ashanti Plot No. 435 Old Town Section `B’ and the Government of Ashanti divided the plot 435 Old Town Section `B’ into two separate Plots thenceforth known as Plots Nos. 435 and 435A a…