Smith v Nelson

JurisdictionEngland & Wales
Judgment Date05 May 1826
Date05 May 1826
CourtHigh Court of Chancery

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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4 cases
  • Blackall v Blackall
    • Ireland
    • High Court
    • 6 June 2000
    ...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
    • Ireland
    • Rolls Court (Ireland)
    • 29 November 1839
    ...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
    • Ireland
    • High Court of Chancery (Ireland)
    • 6 November 1854
    ...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......
  • Mullins v Hussey
    • United Kingdom
    • High Court of Chancery
    • 12 February 1866
    ...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 ......

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