J. P. R a Ward of Court

JurisdictionIreland
Judgment Date01 January 1940
Date01 January 1940
CourtSupreme Court
(S.C.),
J. P. R. a Ward of Court

-Requisitions on title - Lost deed - Proof of loss - Secondary evidence - Sufficiency.

A purchaser in his requisitions on title required that a certain document should be handed over by the vendor on closing. The document was not forthcoming and the vendor's solicitor made a statutory declaration to the effect that it had been temporarily mislaid but that he believed the document was somewhere in his office. He offered, as secondary evidence of its contents, a draft from which the original had been prepared, approved of by both parties, a memorial of its registration in the Registry of Deeds, and a statement in the statutory declaration that it had been duly stamped and executed. The purchaser refusedto complete the sale without the original document. Held, in the High Court by Maguire P. that there was evidence of the loss of the...

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