Hume v Bentley
| Jurisdiction | England & Wales |
| Judgment Date | 05 May 1852 |
| Date | 05 May 1852 |
| Court | High Court of Chancery |
English Reports Citation: 64 E.R. 1225
HIGH COURT OF CHANCERY
S. C. 21 L. J. Ch. 760; 16 Jur. 1109. See Waddell v. Wolfe, 1874, L. R. 9 Q. B. 519; Harnett v. Baker, 1875, L. R. 20 Eq. 57; Best v. Hamand, 1879, 12 Ch. D. 10; In re Banister, 1879, 12 Ch. D. 139; In re National Provincial Bank of England and March [1895], 1 Ch. 194; In re Scott and Alvarez's Contract [1895], 2 Ch. 613.
[520] hume . bentley. April 28, 30, May 5, 1852. [S. C. 21 L. J. Ch. 760; 16 Jur. 1109. Sw-Waddell v. Wolfe, 1874..L. E. 9 Q. B. 519; Harnett v. Baker, 1875, L. E. 20 Eq. 57; Best v. Hamand, 1879, 12 Ch. D. 10; In re Banister, 1879, 12 Ch. D. 139; In re National Provincial Bank of England, and Marsh [1895], 1 Ch. 194; In re Scott and Alvarez's Contract [1895], 2 Ch. 613.] Upon a sale by auction of leasehold premises one of the conditions was as follows- " the lessor's title will not be shewn, and shall not be inquired into." In a suit to enforce specific performance by the vendor against the purchaser the latter objected that the lessor's title appeared by Acts of Parliament produced by the purchaser, which shewe'd that the lessors had no power to lease the premises. Held, that the condition provided that the title should not be shewn, and also precluded inquiry for every purpose; and specific performance was decreed. In a suit by the owner of leasehold premises against a purchaser, to enforce the specific performance of a contract to purchase, it appeared that the original lessee had, in 1835, covenanted with the lessors, in or before 1836, to build two houses on the property, worth 4:00, to the satisfaction of the lessors' surveyor. The lessee, instead of so doing, built, with the sanction of the lessors' surveyor, five houses worth, in the aggregate, more than 400, but no two being worth that sum. The lessors thenceforth received the rents yearly accruing due on the premises. Held, though the covenant had not been performed modo et forma, yet that it had been substantially performed; and the Court decreed specific performance. Mr. Daniel Hume being possessed of five dwelling-houses and premises, situate in tipper Marshall Street, Birmingham, for the residue of a term of ninety-nine years from the 29th of September 1835, offered the same for sale at auction, with other E remises, in several lots, of which the five dwelling-houses and premises formed ot 2 [521] in the particulars, more minutely described. This lot was stated to be "subject to an annual rent of 7, 6s., under a lease now produced." Among the conditions, subject to which the auction was held, was the following:--"4. That the vendor shall, at his own expense, on or before the 14th of May next, deliver to the purchaser or his solicitor, a proper abstract of the title; but recitals or statements in deeds or wills dated twenty years ago shall be received as conclusive evidence of the matters or particulars stated therein; and the lessors' title will not be shewn, and shall not be inquired into." Mr. Eichard Bentley was the best bidder at the auction for Lot 2, and signed an agreement for the purchase of it at the foot of the conditions, whereby the purchase was...
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