Smith v Nelson
| Jurisdiction | England & Wales |
| Court | High Court of Chancery |
| Judgment Date | 05 May 1826 |
| Date | 05 May 1826 |
English Reports Citation: 57 E.R. 458
HIGH COURT OF CHANCERY
Smith
and
Nelson
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...
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3 cases
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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......
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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. ...
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Mullins v Hussey
...if there be no fund in Court, the Plaintiff is ordered to pay them, without prejudice to how they are ultimately to be borne; Smith v. Nelson (2 Sim. & St. 557); Berry v. Johnson (2 Youuge & C. (Exch.) 564). Here the [302] Plaintiff has not, as is usual, the conduct of the sale, and he ......