Stedman v Hart
| Jurisdiction | England & Wales |
| Judgment Date | 11 May 1854 |
| Date | 11 May 1854 |
| Court | High Court of Chancery |
English Reports Citation: 69 E.R. 258
HIGH COURT OF CHANCERY
S. C. 2 Eq. R. 816; 23 L. J. Ch. 908; 18 Jur. 744; 2 W. R. 462. Distinguished, In re Watson [1899], 1 Ch. 72.
Lunacy. Costs. Necessaries. Charge. Statute of Limitations.
[607] stedman t . hart. May 11, 1854. [S. 0. 2 Eq. K 816; 23 L. J. Ch. 908; 18 Jur. 744 ; 2 W. E. 462. Distinguished, In re Watson [1899], 1 Ch. 72.] Lunacy. Costs. Necessaries. Charge. Statute of Limitations. An order of lunacy directing the taxation of the costs, charges and expenses incurred by the solicitors employed in prosecuting the commission in lunacy, and subsequently as the solicitors of the committees, and directing an inquiry whether it would be fit and proper to raise these costs, &c., by sale or mortgage of the lunatic's real estate, did not constitute them a judgment debt, nor make them a charge in equity upon such real estate; but such costs, &c., were considered as a simple contract debt due by the lunatic for necessaries. The lapse of six years during the lunatic's life will not bar a debt of this description ; for the Court of Chancery will take judicial notice in a suit to obtain payment out of his assets after his death that any action against the lunatic for the recovery of the claim would have been restrained by the Lord Chancellor on petition in lunacy. An action of debt for necessaries supplied will lie against a lunatic. In 1840 a commission of lunacy was issued at the suit of William Hart and Oliver Brand against Jeremiah Hart, under which he was found lunatic in January 1841, as from the 10th of February 1840: arid in June 1841 his sons, William Hart and James Hart, were appointed committees of the person and estate of the lunatic. The lunatic was possessed of some real estate, part of which was in mortgage, and of a very small amount of personal property. The same solicitors acted in the prosecution of the commission and for the committees in the lunacy. [608] On the 22d of March 1842 the Lord Chancellor, upon the petition of the committees, made an order in lunacy, referring it to the Master " to tax the reasonable costs, charges and expenses of the said William Hart and Oliver Brand, incurred in and about the suing out and prosecuting the commission of lunacy, and also their reasonable and proper costs, charges and expenses, and those of the said James Hart and of the several next of kin of the said lunatic, incurred in and about the said matter subsequently to the issuing of...
To continue reading
Request your trial
-
Re Noblett
... ... Stedman v. Hart, 1 Kay 607, distinguished. Cur. adv. vult ... Maguire P ... ...
- Re Waters
-
Addiscott v Fagan
...to the wife prevented the operation of the Statute of Limitation. Geoghegan, O'Byrne and Black JJ. concurred. (1) [1919] 1 I. R. 1. (2) Kay, 607. (3) [1899] 1 Ch. 72, at p. 77. (1) 27 L. R. Ir. 334 (1) [1927] I. R. 397. (1) 1 Y. & C. Ch. 151, at p. 170. (2) 15 Ch. D. 339, at p. 352. (3) [18......