Attorney General v Parker, Price and Doughty
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1747 |
| Date | 01 January 1747 |
| Court | High Court of Chancery |
English Reports Citation: 26 E.R. 1132
HIGH COURT OF CHANCERY
See Etherington v. Wilson, 1875, 1 Ch. D. 167. Followed, Shaw v. Thompson, 1876, 3 Ch. D. 242. Discussed, In re St. Stephen Coleman Street, In re St. Mary the Virgin, Aldermanbury, 1888, 39 Ch. D. 492.
3ATK. 574. NICHOLLS V. LEESON 1131 Case 219.-nicholls versus leeson, .October 28, 1747. Where an annuity is given to a relation for life, and it has been paid for any length of years without any deduction for the land tax, it will be presumed to have been so paid by mutual consent, and the prayer is not intitled to be relieved. A. by his will gives an annuity of fifty pounds each, to his brother and sister-in-law, for their respective lives, out of his two shares in the New-river Company, and charges these shares, and the rents and profits, with the payment of them. [574] The bill is brought by the husband of the sister, for the arrears and growing payments of the annuity of fifty pounds. It has been constantly paid from 1728 to the 15th oiMay 1744, without any deductions, but the defendant insists now it is liable to a proportion of the land tax, and that he will not pay the growing annuity unless the plaintiff will account backwards, by allowing for the sixteen years past the land tax, and take this in part payment of the annuity. The plaintiff's counsel said, there was no ground to go any further back at law than the statute of limitations, but that this court will not go back so far, and is exactly within the rule laid down in Aston versus Oriel College. Here it is the case of a particular person, who has nothing else for maintenance, and must starve if she is to refund. Mr. Attorney General for the defendant. Persons are intitled to be relieved against a mistake in law and equity, as well as a mistake in fact. It is not said to be given for maintenance, nor could there be any natural affection between the testator and the annuitants, therefore are mere volunteers, nor is it charged by the bill that they want it for maintenance. In Aston versus Oriel College, a tenant had for several years paid the rent to the college, without retaining the land tax, and brought his bill to be relieved against this payment as being founded on a mistake, and it was insisted that he was not liable to the land tax. . There the court would not relieve, because, by such an allowance, the college would have injured their successors. Lord Chancellor, There is no...
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