Blake v Blake

• Jurisdiction: Ireland
• Judgment Date: 15 May 1843
• Date: 15 May 1843
• Court: Equity Exchequer (Ireland)

Blake

and

Blake.

Equity Exch.

CASES

IN THE

COURTS OF CHANCERY, ROLLS,

AND

Equity Exchequer.

A purchaser of lands sold under a decree is not bound to see to the application of the purchase-money.

Mr. Holmes, for the plaintiff, moved that the Accountant-General do draw on the Bank of Ireland for several sums of money, the produce of the sale of the lands in the pleadings mentioned, pursuant to the allocation report.

Mr. B. Lloyd for the purchaser, who had issued his injunction and gone into possession, objected that the surplus of the purchase-money, after payment of the several charges on the estate, was reported due and was sought to be paid to a person who was but tenant for life of the lands sold under the decree.

The purchaser is bound to see to the application of the purchase-money; and, therefore, to make this objection: Lloyd v. Balwin (a); 3 Ven. & Pur. 10th ed. 154, 156.

Mr. B. Lloyd for the purchaser

Pennefather, B.

I do not acquiesce in the position that the purchaser of an estate sold under the decree of the Court is bound to see to the application of the purchase-money. He is bound, for his own protection, to see that all proper parties are before the Court; for the Court cannot give him a title beyond that which the parties before the Court possess. But when the purchase-money is paid into Court, when the conveyance is taken from the proper parties, and the purchaser issues his injunction and goes into possession, he is out of the case; and the Court will not listen to him as to the application of the funds. And as to how he can be held responsible for what the Court does in his absence, I do not understand.

Richards, B.

In Barrett v. Blake (b), Lord Manners expressed an opinion upon this point in...