A Contract for The Sale of Land, Dated The 28Th October, 1898; and The Vendor and Purchaser Act, 1874. Andrew J. M'Clure, Vendor; Sarah Garrett, Purchaser

• Jurisdiction: Ireland
• Judge: V.-C.
• Judgment Date: 13 February 1899
• Court: Chancery Division (Ireland)
• Docket Number: (1899. No. 102.)
• Date: 13 February 1899

IN THE MATTER OF A CONTRACT FOR THE SALE OF LAND, DATED THE 28TH OCTOBER, 1898; AND IN THE MATTER OF THE VENDOR AND PURCHASER ACT, 1874. ANDREW J. M'CLURE, VENDOR; SARAH GARRETT, PURCHASER.

(1899. No. 102.)

Chancery Division

Vendor and Purchaser — Sale of farm — Conditions of sale — Vendor to show twelve years undisturbed possession — Prior title not to be objected to — Grant of administration to vendor — Return of farm as assets — Objection of purchaser.

Brassington v. Llewellyn 27 L. J. Exch. 297.

Davies v. WilliamsELR 34 Ch. D. 558.

Eady v. WoodDLTR 29 I. L. T. R. 70.

In re AlisonELR 11 Ch. D. 284.

In re Johnson Eady v. WoodELR 29 Ch. D. 964.

In re Marsh and Earl GranvilleELR 24 Ch. D. 11.

Rankin v. M'Mutry 24 L. R. I. 290.

Re JohnsonELR 29 Ch. D. 964.

Sanders v. SandersELR 19 Ch. D. 373.

Scott v. Nixon 3 Dr. & War. 388.

IN THE MATTER OF A CONTRACT FOR THE SALE OF LAND, Y.- C. DATED THE 28TH OCTOBER, 1898 ; AND IN THE MATTER 1899. OF THE VENDOR AND PURCHASER ACT, 1874. Feb. 13 ANDREW J. M'CLURE, VENDOR; SARAH GARÂRETT, PURCHASER. (1899. No. 102.) Vendor and Purchaser—Sale of farm—Conditions of sale—Vendor to show twelve years undisturbed possession—Prior title not to be objected to—Grant of administration to vendor—Return of farm as assets—Objection of purchaser. G. was declared the purchaser of a leasehold farm, the subject of a judicial tenancy, which was sold by public auction. By the conditions of sale the vendor was required to show that he had been in the undisturbed possession of the lands for upwards of twelve years, and prior to that period the title was not to be investigated, nor any objection or requisition made in reference to it. From 1879 the vendor had been admittedly in absolute possession, but in 1897 he took out letters of administration to his father, and returned the farm as part of his assets. The purchaser becoming aware of this refused to 'complete. The vendor having taken out a summons under the Vendor and Purchaser Act:— Held, that the taking out of letters of administration to his father by the vendor, after the acquisition by him of an absolute title under the statute, could not have any greater effect than an acknowledgment in writing would have ; that such an acknowledgment could not be relied on by the next-ofÂkin to revive a right in the case of land, where the right itself was barred by the statute, and not merely the remedy for enforcing it ; and that conÂsequently a good title was shown so far as was required by the conditions of sale. ON the 28th October, 1898, Sarah Garrett was declared the purchaser of a farm of lands, which was sold by public auction, situated at Clontnacally, in the county Down...