Musgrave v M'Cullagh
Jurisdiction | Ireland |
Judgment Date | 14 January 1864 |
Date | 14 January 1864 |
Court | High Court of Chancery (Ireland) |
Chancery.
Hume v. Bentley 5 De G. & Sma. 520.
Hall v. Smith 14 Ves. 426.
Vignolles v. BowenUNK 12 Ir. Eq. Rep. 194.
Larkin v. Lord RosseUNK 10 Ir. Eq. Rep. 70.
Darlington v. HamiltonENR 1 Kay, 550.
Barton v. Downes F. & K. 505.
Sellick v. TrevorENR 11 M. & W. 722.
Warren v. RichardsonENR 1 Younge, 1.
Grosvenor v. Greene 28 L. J., Ch., 173.
496 CHANCERY REPORTS. 1864. Chancery. MUSGRAVE v. M'CULLAGH. (In Chancery.) Jan. 14. A condition of THIS ease came before the Court under the following circum-, sale, provided " that the pur- stances :- chaser shall not be at liberty to By indenture bearing date the 2nd of November 1857, and require any evidence of the made between John Hamilton Acheson and John Gowdy, of the title of the les- sons in said first part, James Mathew Ross and Jane his wife, of the second lease, or any of part, and James G-owdy Lewis and Robert John Lewis, of the them ; or ob- ject by reason third part, it was recited that, by indenture bearing date the of incumbran- ces, if any, gth day of September 1851, and made between James Alexander affecting the title of such Ross, of the first part, said James Mathew Ross, of the second lessors; nor re quire the pro- part, and the said Johnston Hamilton Acheson and John Gowdy, duction of any title deeds con- of the third part; the said James Alexander Ross and James netted with the premises, prior Mathew Ross, granted to said Johnston Hamilton Acheson and to, or of pre vious date to, John Gowdy, their heirs and assigns, all that tenement in Church said lease, but shall admit square, in the town of Monaghan, therein described ; to hold to that said lease the said Johnston Hamilton Acheson and John Gowdy for the has been duly executed and lives of the cestuis que vie, therein named, and for such other lives acknowledged by all the as might be added by virtue of the covenant for perpetual re parties thereto; and be satisfied newal therein contained,, upon certain trusts therein mentioned ; with same being handed and it was witnessed by the said deed of the 2nd of November over to them, and the title 1857, that the said Johnston Hamilton Acheson, John Gowdy, deduced there from to the and James Mathew Ross, with the consent of the said James Ross, owners." CHANCERY REPORTS. 497 The lessees' interest having become vested in Henry Musgrave and Edgar Musgrave the petitioners, they set them up for sale under particulars, dated the 7th of January 1863...
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...v. BentleyENR 5 De G. & sm. 520 Waddell v. WolfeELR L. R. 9 Q. B. 515. Darlington v. HamittonENR Kay, 550 Musgrave v. M'CullaghUNK 14 Ir. Ch. Rep. 496. Vendor and Purchaser — Conditions of sule — Condition precluding requisition prior to specified date — Incumbrance appearing on searches ma......