BROWNE and Others v McCLINTOCK and Others

• Jurisdiction: Ireland
• Judgment Date: 29 July 1873
• Date: 29 July 1873
• Court: House of Lords (Ireland)

House of Lords.

BROWNE AND OTHERS

and

McCLINTOCK AND OTHERS.

Purchase by a solicitor — Finding of the jury.

412 THE IRISH REPORTS. (HOUSE OF LORDS.) BROWNE AND OTHERS V. McCLINTOCK AND OTHERS. Purchase by a solicitor-Finding of the jury. APPEAL against a decretal order of the Vice-Chancellor on a cause petition, the object of which was to set aside the purchase of a fourth part of a devised estate. This fourth belonged to one Martha Heiden. The objection to the purchase was, that it was made by Browne, the solicitor of the party to whom the property belonged (who was also an incumbrancer and a Plaintiff), and that he had not received permission to purchase, but had done so fraudulently, the purchase being made in the name of another person, one Unsworth, who was really only a trustee for the solicitor. Issues had been directed by the Lord Chancellor to be tried before a jury, and the...