Buchanan v Poppleton
| Jurisdiction | England & Wales |
| Judgment Date | 10 February 1858 |
| Date | 10 February 1858 |
| Court | Court of Common Pleas |
English Reports Citation: 140 E.R. 986
IN THE COURT OF COMMON PLEAS AND IN THE EXCHEQUER CHAMBER
S. C. 27 L. J. C. P. 210; 4 Jur. N. S. 414; 6 W. R. 372.
4 0. B. (N. S.) 20. [20] POPPLETON V. BUCHANAN. BUCHANAN V. PoPPLBTOp.. Feb. 10th, 1858. [S. C. 27 L. J. C. P. 210; 4 Jur. N. S. 414; 6 W. E. 372.] By the particulars on a sale by auction of freehold land, the property was described as " land-tax,redeemed." The only evidence of that" fact'was &' statement in the witnessing part of-a conveyance ^(da'ted in 1844,-twelve yearns before the date of the sale) from one Hears to one Humphreys (from whom the property came by various mesne assignments to the vendor), in which the then vendor acknowledged to have received'the amount of the purchase-money for the purchase of the premises ': and the fee-simple and inheritance thereof in possession, :fre"e from'land-tax and all other incumbrances," and a statutory declaration by Hears, 'to the effect, that, to the best of his knowledge and belief, no land-tax had ever been paid for or in respect of the land "subsequently to the purchase or. redemption thereof'in or about the year 1799 :"-Held, that this was not such evidence of the fact of the land-tax having been redeemed, as to entitle the vendor to insist upon a completion of the purchase, -notwithstanding a condition which provided that " every de'ed and entry on or copy of court roll dated moire than ten years ago shall be conclusive evidence of everything recited or stated therein :" for, that this was not a direct statement or recital of the fact that the land-tax had been redeemed, but only an acknowledgment by the then vendor that the then purchaser'lad paid a certains-sura for the land as being free of land-tax and other incumbranee's; 'and' it was consistent with such statement that the land-tax had not been redeemed, but that'if had been purchased or assigned to the then purchaser, or 'to a;trustee for him, ih whom or in whose representatives it might still be vested.-Arid'held, that the pitrchaser was entitled to recover back the deposit with interest, and' the costs of investigating' the title. Quaere, whether this was not properly the subject of'compensation, under the ordinary condition for that purpose ? The following case was stated for the opinion of the court, pursuant to a judge's order. On the 1st of August, 1856, Dr. Andrew Buchanan caused to be put up for sale by auction the house and premises described in Lot 1 of the particulars of sale as " a recently erected modern detached residence " (describing it). "The land comprises in all 29a. Ir. 31 p. (more or less), divided into convenient inclosures, as follows :- No. on tythe map. Description. Cultivation. Quantity. 227A. House, Lawn, &c., (part of) In liand a. r. p. 0 0 35 a. r. p. 226A. Ditto. Ditto "0 2 27 23 U. Stable yard 0 1 14 227 The Mead. 3 2 14 217 King's Head Field. ... 4 3 37 937 232A.. Part of Bound Hill Meadow Let to ^Mr. Humphreys... 0 0 35 218 The Seven Acres Pasture ' 5 3 21 219 Spring Hill.- do. 4 2 39 220 Baker's Grove Arable 6 3 26 226 Little Two Acres Pasture 1 3 23 19 2 24 29 1 31 [21] "The house, part of garden, and carriage drive, coloured pink, on plan, are freehold. The remainder of the property is copyhold of the manor of Chingford St. Paul's, subject to an annual quit-rent of a few shillings, and the usual fines on death or alienation. Nos. 219 and 220 are heriotable. " Of the residence, garden, yard, and two meadows (in all 9a. 3r. 7p.), possession 4C. B.(N.S.)22. FOEPXETON V. BUCHANAN 987 will be given on completion of the purchase ; the remainder, together with the whole of Lot 2, is let on lease to Mr. Humphreys* for a term which will expire at Michaelmas, 1859, at the very low rental of 951. per annum. The rent apportioned in respect of the part of Lot'l now occupied by" him-(being 19a. 2r. 24p.),;is 401. The apportioned quit-rent on this lot is 14sl 3d. :JThe;ipurchaser of Lot 1 hall hold Mr. Humphreys's lease. The purchaser,df Lot 2 can;have an attested copy, at his own expense. The sale was subject to certain conditions (a); and at such sale Richard Poppleton became the highest bidder -||22]! for the; same, at the, sum of 25001., and entered into (a) Conditions of sale.-" 1. No person shall at any bidding advance less than 101. No bidding shall be retracted ; the highest bidder shall be the purchaser, and, if any dispute arise concerning the bidding for either lot, the same shall be put up again and re-sold. " 2. The purchaser of either lot shall immediately after the sale, pay a deposit of 20 per cent, of his purchase-money into the hands of the auctioneer, and sign the subjoined agreement. " 3. The fixtures belonging to the vendor in Lot 2 will be included in the purchase of that lot. The fixtures in the house, and the iron hurdles, &c., in the grounds on Lot 1 (according to an inventory which will be produced at the sale), shall be paid for by the purchaser at a valuation to be made by two valuers, one to be nominated by each party, or by- their umpire, "in the usual manner. The purchaser of Lot 1 shall have the privilege of .taking at a valuation, to be similarly made, all or any of the furniture in the said house, the vendor reserving to himself the right of. selling on the premises at any time before the completion of the purchase of Lot 1, such furniture as the purchaser shalFnot within 21 days after the sale have signified in writing to tihe. auctioneer his intention so to" take. "4. The purchased of each lot will be entitled to the benefit of all the forest rights appurtenant thereto : the said rights are believed to be the right of depasturing or turning upon the'forest two cows'or one horse to every 40s. of rental, and the purchasers shall accept as conclusive evidence thereof the evidence which satisfied the vendor on his purchase in 1850 of part of the property now offered for sale, viz. a declaration on the subject by the then out-going tenant, who in such declaration states that he had occupied his farm for twenty-one years and upwards. " 5. The titles to Lot 2 and to such part of Lot 1 as is copyhold, shall commence with the admittances^ Charles Smith and Drummond Smith respectively on the 19th of May, 1815; the earlier titles will not be shewn, and shall not be investigated. Upon the admittance'in 1850 of a 'former owner, of part of the property, an annual sum of 17s. 6d., stated to be part of a-quit-rent of 11. 10s. 8d., was apportioned as the part to be payable in'respect of such property; and the purchaser shall assume that the property is subject to -no more than such apportioned part. "6. The purchaser shall assume"'that every former owner of any part of the property whose widow (if any) would have been entitled to dower or free-bench, and is not mentioned in the title, did not leave a widow. " 7. Every deed' and entry on or-copy of court-roll dated more than ten years ago, shall be conclusive evidence 'of everything recited or stated therein. " 8. The production, inspection, and examination of, and the making and furnishing official or other copies of, or extracts from, all deeds, documents, court-rolls, wills, letters of administration, maps, registers, evidences or muniments of title not in the vendor's possession; and any information not in the vendor's knowledge, whether required for the completion or verification of the title or abstract, or for any other purpose, shall be'proc'ured, made, and obtained by and at the expense of the purchaser requiring the same; and such purchaser shall also bear the expense of all journeys and searches for any'bf the above purposes. " 9. The quantities of the estate ais set forth in the particulars, are taken from the tithe commutation appointment, and shall be assumed by the vendor and purchaser as correct; and, inasmuch as it is considered that the property is sufficiently identified with the descriptions thereof in the deeds, court-rolls, and other documents of title, by a map dated about the year 1800.(an extract from which is in the possession of the vendor, and for the production of the original of which he holds a deed of covenant), the purchaser shall[ not be entitled to any other evidence of identity than the said map. 988 POPPOmW V. BOTJHA^&N 4 -C. B. H. 8.)-sa. and signed a written contract for the purchase thereof, in the {23] form set forth in the copy of the particulars, and at the same time .paid the sum of 5001. as a deposit, pursuant to the said conditions. [24] In due time, on the 6th of August, 1856, the said Andrew Buchanan delivered an abstract of his title to 25] the "said Richard Poppleton, of Lot 1, part of which was freehold and part copyhold. The 'title to the freehold portion only is in question. '; As to the freehold portion, it commenced with the abstract of a conveyance "10. Each lot is believed and shall be taken to be correctly described as to quantity and otherwise, and is sold subject to, all fines, heriots3 services,, chief and other rents, rights of way and water, and other easements (if any) charged or subsisting thereon. " 11. The purchaser of each lot shall .pay the remainder of his purchase-money, and the purchaser of Lot 1 shall also pay the amount of the valuation aforesaid, on the 29th day of [September next, at the office of Mr. Buchanan, the vendor's solicitor, or to the vendor, or as he shall direct ; and, upon such payment, the vendor and all other necessary parties, (if any) will make and execute proper conveyances, surrenders, and assurances of such property to the purchasers, who shall hear all the cost and expenses of and incidental to such conveyances, sjirrenders, ,and assurances, except the costs of the perusal and execution by the vendor of the necessary deeds. " 12. The rents or possession will be received or .retained), and the outgoings discharged, by the vendor, up to the said 29th day of September next ; and as from that date the outgoings shall be discharged, and...
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