Re Fisher
| Jurisdiction | England & Wales |
| Judgment Date | 31 January 1854 |
| Date | 31 January 1854 |
| Court | High Court of Chancery |
English Reports Citation: 52 E.R. 72
Rolls Court
be a nullity. As to the principle that a power of attorney is irrevocable when executed for valuable consideration, that means irrevocable by the party himself, for it is necessarily revoked by death, and nothing could prevent it. (See Co. Litt. 52 b.) How could a valid act be done in the name of a dead maul (See Watson, v, King, 4 Campb. 272; 1 Stark. 121 ; 5 Bythewood (2d. edit.), 140.) Mr. Shapter, centric. Upon the sale of a reversion which produces no immediate income interest is payable from the time of the purchase ; 2 Sugden's Vendors and Pur. (p. 8 (9th ed.)); Sugden's Concise View (p. 489. And see Dart. 327 ; Trefusis v. Lord Clinton, 2 Sim. 359 ; Vesey v. Elwood, 3 Dru. & W. 82). Where a person gives a power of attorney or an authority for valuable consideration, it is irrevocable ; Walsh. v. Whitcomb (2 Esp. 565) ; Smart V. &whirs (5 Com. B. Rep. 895) ; Vance v. Vance (1 Beay. 605); Spooner v. Sandilands (1 Y. & C. (C. C.) 390); and if acted on after the death of the party, bond fide and without notice, it will be valid ; Campbell v. Anderson (4 Bligh, N. S. 513) ; Ex parte Mac-(182]-Donnell (Buck, 399). It has been held that a custom of a manor for a copyholder to make a writing, in the nature of a letter of attorney, to two copyholders to surrender his copyhold after his death, is a good custom ; Roby v, Twelves (Styles, 423). Here the purchaser knew he was dealing with persons acting under a power of attorney, and he will be protected by having the legal estate. Thu MASTER OF THE ROLLS [Sir John Romilly]. Upon the sale of a reversion, the time at which the purchaser takes possession has nothing to do with the question of interest on the purchase-money. The advantage obtained by the delay and wearing out of the prior life interest is equivalent to the receipt of the rents of a property in possession. I think interest is payable from the time appointed for completing, viz., the 29th of September 1845. On the other questions the Master of the Rolls considered that he could not do anything effectively between the parties on a special case, and he made no declaration as to them, it being arranged with the approbation of the Court that application should be made in another suit instituted for the administration of the estate of the purchaser to enable the trustees to complete upon receiving an indemnity. This was afterwards done (4th March 1854). [183) lie FISHER. Ian. 30, 31...
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Foster, a Solicitor ex parte Walker
...before the payment amount to an arrangement that the bill should be taxed, and the Court will attend to such arrangements. Re Fisher (18 Beav. 183); Ex parts Wtikinsm (2 Coll. 92). The security purported to extend to future costs and some of the costs paid were incurred after its date. As r......