Vernon v Bethell

Vernon v Bethell (1762) 28 ER 838 is an English property law case, where it was affirmed that there could be no clog on the equity of redemption.

In justifying this rule, Lord Henley LC made the famous observation that, necessitous men are not, truly speaking, free men, but, to answer a present exigency, will submit to any terms that the crafty may impose upon them.The case stands for the principle "once a mortgage, always a mortgage", meaning a borrower cannot contract to give up his automatic right to redeem title to his property once the debt is paid.

Major James Vernon wished to pay off his debts to Mr Bethell’s estate and recover title of a sugar plantation in Antigua where he lived.

On 23 April 1738 Bethell requested repayment of sums owed, by then £9541 9s 1d, or the enforcement of the security by taking possession of the land, but still leave some for Major Vernon and his family.

Lord Henley LC held that there could be no clog on the equity of redemption, so that any restriction on the right to redeem one's property had the debt been discharged was ineffective.

He held the exchange of letters between Mr Bethell and Major Vernon showed that only a security interest, and not an absolute conveyance was intended.

And therefore I take it to be an established rule, that a mortgagee can never provide at the time of making the loan for any event or condition on which the equity of redemption shall be discharged, and the conveyance absolute.

The present case, as it stands on the deed, is not that; but when it is considered with the other proofs, and particularly with the letters and books of Mr. Bethell , it seems to be very much within the mischief which the rule intended to prevent, of making an undue use of the influence of a mortgagee.

This letter mentions the largeness of his demands, that it was no longer to be trifled with, and that therefore he must insist on having the possession, not for his own security only, but for preserving something out of the estate which might remain to Mr. Vernon and his family.

Antigua today.
The Lord Chancellor, later ennobled as the Earl of Northington .