Smith v Nelson
| Jurisdiction | England & Wales |
| Judgment Date | 05 May 1826 |
| Date | 05 May 1826 |
| Court | High Court of Chancery |
English Reports Citation: 57 E.R. 458
HIGH COURT OF CHANCERY
S. C. 4 L. J. Ch. (O. S.) 175.
Vendor and Purchaser. Costs.
[557] smith v. nelson. Feb. 25, May 5, 1826. [S. C. 4 L. J. Ch. (O. S.) 175.] Vendor and Purchaser. Costs. A purchaser under a decree is entitled to his costs where the Master reports against the title, although there is no fund in Court. Upon a sale under a decree the usual reference of title was made to the Master. He reported against the title. The purchaser now moved for the costs of the reference, there being no fund in Court. Mr. Tinney, for the purchaser, cited Reynolds v. Blake (ante, 117). Mr. Treslove, contra, cited Lech/mere v. Brasier (2 Jac. & Walk. 287). a SIM. * St. BIB, OXENFORTH V. CAWKWELL 459 The case stood over for inquiry into the practice. the vice-chancellor [Sir John Leach] stated that it appeared that the cases were not uniform; and that it was not consistent with principle that the right of the purchaser to be indemnified for expenses improperly occasioned to him by the suit should depend upon the...
To continue reading
Request your trial
-
Blackall v Blackall
...V PULLEN 1831 RUSS & M 296 BANNISTER, IN RE: BROAD V MUNTON 1879 12 CH D 131 HALSBURYS LAWS OF ENGLAND 4ED V42 PARA 135 SMITH V NELSON 2 SIM & STU 557 BERRY V JOHNSON 2 YO & COL 564 CONNOLLY V KEATING (NO 2) 1903 1 IR 356 UNION BANK V MUNSTER 37 CH D 51 MYTON LTD V SCHWAB-MORRIS 1974 1 W......
-
Alexander v Crosbie
...be ordered to pay the purchaser's costs, without prejudice to the question how they shall be ultimately satisfied; Smith v. Nelson, 2 Sim. & Stu. 557. 4. Whether a purchaser, discharged in consequence of error in decree, shall have his costs?—quære: See Lecemere v. Brasier, 2 Jac. & Walk. ...
-
Cooper v Cooper. Ellard v Cooper
...Hackett v. DonnellyUNK 1 Ir. Eq. Rep. 231. Johnson v. ReardonUNK 3 Ir. Eq. Rep. 200. M'Cann v. O'Ferrall 1 Hog. 137. Smith v. NelsonENR 2 Sim. & Stu. 557. CHANCERY REPORTS. 75 1854. Chancery. COOPER v. COOPER. ELLARD v. COOPER. Tins was a motion on behalf of the Rev. Edmund Nugent, personal......