Alexander v Crosbie

• Jurisdiction: Ireland
• Judgment Date: 29 November 1839
• Date: 29 November 1839
• Court: Rolls Court (Ireland)

Alexander

and

Crosbie.

CASES

IN THE

COURTS OF CHANCERY, ROLLS, AND

EQUITY EXCHEQUER.

CHANCERY.

SALE UNDER DECREE — FURNISHING ABSTRACT OF TITLE — FEE FOR OPINION OF PURCHASER'S COUNSEL.

A sale was had under the decree, in this cause on the 27th of May last, and on the 30th of the same month the purchaser lodged one-fourth of the purchase-money. On the 5th of June following, a conditional order to confirm the sale was obtained, and served on the 1st of July: the statement of title was furnished on the 27th, and the remaining three-fourths of the purchase-money lodged on the 29th of July: and the rule to confirm the sale was made absolute on the 27th of August, since which time the purchaser had lain by.

Mr. Hickson, Q. C., for the plaintiff, now moved for a reference to the Master to inquire and report whether a good and sufficient title could be made to the purchaser under the decree in this cause.

Mr.Thomas Mullins, for the purchaser, said he was most anxious to complete his purchase, but resisted the application upon the ground that the plaintiff had been irregular in not furnishing, according to the long established usage in such cases, a fee for the opinion of counsel with the abstract of title; in consequence of which, the opinion had not been obtained, and the purchaser was, therefore, not in a situation to proceed upon the reference.

Mr. Hickson, in reply said, that the plaintiff was not bound to furnish a fee for the opinion of counsel with the abstract of title; and that in the present case the fund would be very deficient.