Sowarsby and Others v Lacy
| Jurisdiction | England & Wales |
| Judgment Date | 17 March 1819 |
| Date | 17 March 1819 |
| Court | High Court of Chancery |
English Reports Citation: 56 E.R. 660
COURT OF THE VICE-CHANCELLOR OF ENGLAND
[142] sowarsby and others v. lacy. March 17, 1819. On demurrer, held that a power given to trustees to sell lands, and divide the profits amongst ceshd que trusts, who were infants, enables the trustees alone to give effectual receipts to a purchaser. John Sowaraby, by his will, devised certain land unto his children, " the same to be sold when the executors and trustees of this my last will shall see proper to dispose of it; and the money arising out of the said lands and tenements to be equally and severally divided among my above-named children." The lands were sold by auction, and one Richardson, the agent of the Defendant Lacy, for whom the purchase was made, was declared the highest bidder, at £2810, and signed an agreement for the purchase. The purchaser objected that the Plaintiffs, the trustees and executors, had no power under the will to sell; that they could not give sufficient receipts for the purchase-money, or at least for such parts of the purchased estate as would belong to the infant children of the testator. In consequence of these objections, the bill was filed against the Defendant for a specific performance of the agreement, to which bill there was a general demurrer for want of equity. Mr. Agar and Mr. Sugden, for the Defendant, cited Balfour v. Wdland (16 Ves. 151); TVarniford v. Thompson...
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Monckton v Braddell
...5 Hare, 272; affirmed on Appeal, 11 Jur. 527. Carter v. CarterENR 3 K. & J. 618. Sharples v. AdamsENR 32 Beav. 213. Sowarsby v. LacyENR 4 Madd. 142. Jones v. Powles 3 M. & K, 581. Bowen v. EvansUNKENR 1 J. & Lat. 178L 6 Ir. Eq. R. 569; affird. in D. P. 2 H. L. C. 257. Townsend v. Warren 1 J......
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The Right Hon. JOHN RICHARDS, one of the Barons of HM Court of Exchequer, CAROLINE RICHARDS, Widow, CAROLINE MARIA RICHARDS, otherwise WOODHOUSE, and another, v CROASDAILE MOLONY, HENRY MOLONY and Others
...v. WankfordENR 1 Salk. 299, 304, 305, 306. Bayley v. LloydENR 7 Mod. 250. Plumer v. MarchantENR 3 Burr. 1380, 1384. Sowarsby v. LacyENR 4 Madd. 142. Lavender v. StantonENR 6 Madd. 46. Breedon v. Breedon 1 R. & M. 413. Keon v. Magawley 1 Dru. & War. 401. Balfour v. Welland 16 Ves. 151. Horsl......
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Algernon Greville, - Appellant; Anne Browne, - Respondent
...even in cases where the money is not immediately payable to the cestui que trust, Balfour v. Wettand (16 Ves. 151), Sowersby v. Lacy (4 Madd. 142), Lavender v. Stanton (6 Madd. 46); and in Stroug-hill v. Anstey (1 De G. M. and Gord. 635), where a power of sale to raise a particular charge w......