Barraud v Archer
| Jurisdiction | England & Wales |
| Judgment Date | 05 December 1829 |
| Date | 05 December 1829 |
| Court | High Court of Chancery |
English Reports Citation: 57 E.R. 850
HIGH COURT OF CHANCERY
S. C. On appeal, 9 L. J. Ch. (O. S.) 173.
Vendor and purchaser. Compensation
850 BARRAUD V. ARCHER a SIM. 43S. [433] barraud v. archer. Nov. 20, 1828; Dec. 5, 1829. [S. C. on appeal, 9 L. J. Ch. (O. S.) 173.] Vendor and Purchaser. Compensation. An estate, consisting of fen land, and so described in the particular of sale, was charged by a local but Public Act of Parliament with drainage and embanking taxes, of which the purchaser had no express notice. Held, that he was not entitled to a compensation for those taxes. In May 1824 the Plaintiffs sold by auction to the Defendant an estate in the Isle of Ely. The particular described it as consisting of fen land, and as being let to John Ingle, as tenant from year to year, at the rent of 165, and mentioned that the lessor allowed the Eau Brink tax of 13, 12s. 8d., and 2s. for land tax. The Defendant afterwards refused to complete his contract, unless a compensation was made to him in respect of certain embanking and drainage taxes to which the estate was subject under a local but Public Act of Parliament, but which taxes were not mentioned in the particular of sale. The bill was filed to compel a specific performance, without compensation. The Defendant, in his answer, said that he had never seen the estate, but admitted.that he had been informed, before he purchased it, that it was situate in a district liable to some drainage and embanking taxes, and that the annual amount of them did not exceed 2s. 6d. per acre ; he said that the taxes in question we 'e charged by the Act on the lands on which they [434] were respectively imposed, and that any tenant paying the same was authorized, by the Act, to deduct the amount from his rent, as if he had paid the same to his landlord, in part of his rent, and that, therefore, those taxes were not, in fact, payable by the tenant, but by the landlord; but they might, according to the Act, if it should be found necessary, amount to 8s. an acre annually, being altogether an annual charge of above 55; and he submitter! whether the particular of sale duly stated such taxes as were paid or allowed by the landlord. The auctioneer's clerk deposed that at the auction, previously to the Defendant being declared the purchaser, the Defendant and the auctioneer entered into a discussion respecting some of the taxes payable in respect of the estate but not mentioned in the particular, and that the...
To continue reading
Request your trial
-
Cullen v O'Meara and Another
...Cotter 3 J. & L. 496. Darlington v. HamiltonENR 8 Kay, 550. Flight v. BartonENR 3 My. & K. 282; Dart. V. & P. 58, 74. Barraud v. ArcherENR 2 Sim. 433. Lewis v. BondENR 18 Beav. 85. Smith v. CapronENR 7 Hare, 185. Vignoles v. BowenIR 12 Ir. Eq. 194. Wilbraham v. LiveseyENR 18 Beav. 206. Le N......
-
Spunner v Walsh
...1 Jac. & W. 181. Pope v. Garland 4 Y. & Col. 394. Flight v. Barton 3 M. & K. 282. Cosser v. Collinge 3 M. & K. 283 Barrand v. ArcherENR 2 Sim. 433. Eyre v. Dolphin 2 Ball & Bea. 290. Fildes v. HookerUNK 3 Mad. 193. Fordyce v. Forde 4 Br. C. C. 494. Drewe v. Hanson 6 Ves. 675. Knatchbull v. ......
-
Vignolles v Bowen
...Spunner v. WalshUNK Since reported, 10 Ir. Eq. Rep. 386. Herring v. Dean and Chapter of St. Paul's 2 Wils. Ch. R. 11. Barrwud v. ArcherENR 2 Sim. 433. Lysney v. selbyENR 2 Ld. Raym. 1118. Daniel v. Davison 16 Ves. 249. Flight v. Barton 3 M. & K. 282. Pope v. Garland 4 Y. & Col. 394. Cosser ......
-
The Estate of Charles Barnewall, Owner and Petitioner
...In re J. N. Blake Mƒ€™Nev. I. E. Court Pr. 227. Sugd. V. & P. (14th Ed.) 322. Barrand v. ArcherENR 2 Sim. 433; S. C. on App. 2 R. & M. 751. Tyrconnell v. Ancaster Ambl. 237. 21 & 22 Vict. c. 72, s. 62. Martin v. CotterUNK 8 Ir. Eq. Rep. 147. 1 & 2 Vic......