Batten v Parfitt
| Jurisdiction | England & Wales |
| Court | High Court of Chancery |
| Judgment Date | 09 June 1843 |
| Date | 09 June 1843 |
English Reports Citation: 63 E.R. 151
HIGH COURT OF CHANCERY
[343] batten v. parmtt. June 9, 1843. Under an Act of Parliament the real estates of a testator were vested in trustees upon trust to sell, and, after applying the purchase-monies received for the respective estates in discharge of the incumbrances affecting them respectively, to pay the surplus monies into the Court of Chancery, there to be applied in payment of the testator's debts in a due course of administration. The various classes and also the individual names of creditors were specified in schedules to the Act. On a bill filed by the assignee of a specialty creditor on behalf of himself and all other the creditors of the testator to have the trusts of the Act carried into execution : Held, that it was not necessary that all the scheduled creditors should be made parties to the suit. In 1825 Rogers & Rocke purchased of Ham, Granger and Seaton, for four years, the right of working a patent for making vinegar. This purchase was carried into effect by means of a deed, dated the 18th July 1825 ; the consideration for the purchase being the sum of 2600, payable by half-yearly instalments of 325 each, secured by the covenant of Rogers & Rocke. The benefit...
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