Taylor v Martindale
| Jurisdiction | England & Wales |
| Judgment Date | 04 June 1842 |
| Date | 04 June 1842 |
| Court | High Court of Chancery |
English Reports Citation: 62 E.R. 1060
HIGH COURT OF CHANCERY
[658] taylor v. martindale. June 3, 4, 1842. Property was put up for sale by auction, described as "a leasehold ground-rent of 23, reserved by a mesne lease of certain premises for 98 years wanting seven days, and assigned apart from the reversion for the remainder of the term by an indenture of 1817." By the conditions of sale no title prior to the assignment or the title of any ground or mesne landlord was to be produced. From a recital in the deed of 1817 it appeared that the property out of which the rent issued had been originally demised, with other property, at a rent of 10, subject to the covenants, conditions and agreements in the original demise contained. Held, that, under such circumstances, a good title was not made to the rent of 23, inasmuch as it appeared upon the face of the deed of 1817 that, upon failure of payment of the 10 rent, the rent of 23 might be liable to diminution or forfeiture. Where conditions of sale are so obscurely worded that, when taken in connection with the particulars of sale, they are likely to mislead an ordinary purchaser as to the nature of the property offered for sale: Semble, that the Court will discharge the purchaser from his bargain, on the argument of exceptions to the title, without putting him to the necessity of moving to be discharged fr,om the purchase. Qucere, whether the assignment of rent by a reversioner in a lease does or does not carry with it the reversion 1 In this case certain ground-rents and copyhold and leasehold property were, by order of the Court, put up for sale by auction in lots, of which Lot 2 was thus described :-"Lot 2.-A leasehold ground-rent of 23, 12s. 6d. per annum, arising from premises in Upper Thornhaugh Mews, Tottenham Court Eoad, comprising a coach-house and stable, &c. This rent is reserved by a mesne lease, dated 1812, of a piece of ground in Upper Thornhaugh Mews, behind a street then called Upper Thornhaugh Street, now called Su&sex Street, with the buildings thereon, for ninety-eight years, wanting seven days, from the 25th March 1811, and assigned apart from the reversion for the remainder of the term, by an indenture dated in 1817." The second condition of sale was as follows :-" The respective purchasers shall, within twenty-one days after the delivery of the abstracts of title, give to the vendors, or their solicitors, a statement in writing of the objections, if any, to such...
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