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 findings on them had been, that as to this one purchase made of Martha Helden's share on the 18th of April, 1846, the purchase was made for Unsworth himself, and not in his name only as a trustee for Browne. The other three-fourths of the same property were subsequently sold, and, as it was alleged, purchased in Unsworth's name, but really on Browne's account, and, as to them, such had been the finding of the jury. The Vice-Chancellor having upon " farther directions" gone through the whole case as to all the sales, finally set them all aside, including this one share of Martha Heiden's, as to which the finding had been that it really was bought on Unsworth's account. This appeal was as to that part of the Vice-Chancellor's decree. Mr. Fry, Q. C., ancl Mr. Campion, Q. C., of the Irish Bar, for the Appellants, and Mr. Kaye, Q. C., and Mr. Dames, Q. C., of the Irish Bar, for the Respondents. THE LORDS thought that the Vice-Chancellor's decree on this part could not be supported, as the cause petition had raised one VOL. VII.] EQUITY SERIES. 413 question, and the Judge had, on the hearing on farther directions, House of proceeded on a distinct and independent view of the matter. Lords. 1873. Solicitors for the Appellants : Stephens 4 Langdale, for Collins, BROWNE Dublin. V. DREW v. BARRY. Will-Perpetual annuity-Construction. A testator devised a term of years...