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Gray v Adamson

Nominate Series English Reports Cited authorities 3 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date12 March 1866
Date12 March 1866
CourtHigh Court of Chancery

English Reports Citation: 55 E.R. 944

ROLLS COURT

Gray
and
Adamson

[383] gray v. adamson. March 12, 1866. The rule as to the costs of a disclaiming Defendant applies to a disclaiming heir at law. In this case the heir at law of a mortgagor had disclaimed, and was brought to the hearing. Mr. E. Smith and Mr. Dickinson, for the Plaintiff. Mr. Linclley, for the heir, asked for his costs, contending that there was no case in which a disclaiming heir, brought before the Court for the convenience of the parties, had been deprived of his costs. [384] Fordv. The Earl of Chesterfield (16 Beav. 516) was cited; and see Ford v. White (16 Beav. 120); Davis v. Whitman (28 Beav. 617); Furber v. Furber (30 Beav. f.i'3). the master of the rolls [Lord Romilly]. When he was served he ought to have offered to execute any deed which might be necessary. I can...

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