Re Hogan and Marnell's ContrAct

• Jurisdiction: Ireland
• Judgment Date: 28 May 1919
• Date: 28 May 1919
• Court: Court of Appeal (Ireland)

Ch. Div.,

In re Hogan and Marnell's Contract

Difficult question of construction - Procedure - Vendor and purchaser summons - Originating summons -Costs.

Where a vendor's title to land depends upon a question of construction involving real difficulty, that question ought to be decided on an originating summons, and not on a vendor and purchaser summons. A vendor of lands made title under the residuary clause in a codicil which ratified and confirmed a will. The purchaser objected to the title, alleging that the property passed under the residuary clause in the will:—Held, applying In re Nichol's and Von Joel's Contract,ELR [1910] 1 Ch. 43, that the question ought to be decided upon an originating summons so as to bind everybody, that the present summons...