Eyston v Simonds
| Jurisdiction | England & Wales |
| Judgment Date | 03 June 1842 |
| Date | 03 June 1842 |
| Court | High Court of Chancery |
English Reports Citation: 62 E.R. 1038
HIGH COURT OF CHANCERY
S. C. 11 L. J. Ch. 376; 6 Jur. 817.
[608] eyston v. simonds. June 3, 1842. [S. C. 11 L. J. Ch. 376; 6 Jur. 817.] A person contracted to sell an estate, who at the time of the contract had no legal or equitable title to it by reason of the alienage of a party through whom he claimed. The purchaser, by his own inquiries, ascertained the defect of title, but did not, till after some'months of negotiation with the vendor, repudiate the contract. The vendor then filed his bill for specific performance, and, pending the investigation of the title in the Master's office, obtained a grant of the estate from the Crown. Held, that he was entitled to a decree. In 1785 Sir John Gallini, an alien, purchased the equity of redemption of an estate at Yattenden, in Berkshire. In May 1789, at which time all his children were born, he obtained letters of denization. In October 1799 he made his will. By indentures of lease and release of the 7th and 8th February 1803 the legal fee in the premises was conveyed to him. On the 5th January 1805 he died. By the will of Sir John Gallini all his estates in Berkshire were devised to trustees upon trust, after the determination of certain life-estates therein, for the children of the survivor of his sons and daughters, as tenants in common in tail. Francis Cecil Gallini, the survivor of the testator's sons, died in 1815, leaving several children, all of whom executed proper assurances for barring their estates tail; and under them or their heirs the Plaintiff and James Wheble, since deceased, claimed title as trustees for the sale of the property. The property being put up to sale by auction in lots, in February 1839, the Defendant was declared the purchaser of Lot 7. He afterwards purchased by private contract Lot 2. He paid deposits on both lots. An abstract of the vendor's title to the lots was delivered to him within the [609] time stipulated for by the contract, namely, before the 25th March. The purchase was to be completed on the 24th June 1839. As no notice was taken in the abstract of the alienage of Sir John Gallini, the purchaser's solicitors wrote to the vendor's solicitors to inquire into that circumstance. In answer to these inquiries statements were made by the vendors' solicitors, in which the before-mentioned facts as to Sir John Gallini's alienage and denization were admitted. The first communication on this subject, on the part of the vendors, was made on the 29th...
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