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Midland Bank plc v Cooke : ウィキペディア英語版 | Midland Bank plc v Cooke
''Midland Bank plc v Cooke'' () 4 All ER 562 is an English land law case, concerning constructive trusts. It held that so long as some financial contribution, however, small can be identified as going to the purchase of a home, the court may quantify that contribution in a greater amount than initially given. ==Facts== The Cookes paid for the house purchase price of £8500 by getting a mortgage loan from a bank, and Mr Cooke’s savings and a wedding gift from his parents of £1100. They then replaced that mortgage with one from Midland Bank plc to secure Mr Cooke’s business overdraft. Mrs Cooke signed a consent form for her interest to be postponed to the bank’s security. The property was put into Mr Cooke's name as sole legal owner. Midland Bank plc was demanding repayment of £52,000 and sought possession. Mrs Cooke argued her signature was obtained by undue influence. (Mrs Cooke admitted at trial that they had never discussed any beneficial entitlement.) The Judge held the bank knew of Mr Cooke’s undue influence and that she had an equitable interest given that the wedding gift was partly hers. He assessed her interest as 6% of the property, and Mrs Cooke appealed.
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