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The Law Reports Volume 24; Chancery Division, and on Appeal Therefrom in the Court of Appeal, and Decisions in the Court of Protection

The Law Reports Volume 24; Chancery Division, and on Appeal Therefrom in the Court of Appeal, and Decisions in the Court of Protection


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1883 Excerpt: ...completion on payment of the purchase-money to my solicitor," not deigning to give any explanation of circumstances which would justify or render it necessary for the trustees to authorize him to receive the money, but simply saying, "Here is the conveyance. Here is the Act--you are bound to pay the money to me?" In my opinion that is not sufficient. Assuming that there may be circumstances where the trustees would be justified in authorizing the solicitor to receive the purchase-money, it is not said in sect. 56 that the purchaser shall be bound to pay it in that way. But in my opinion when the vendor's solicitor requires the purchase-money to be paid to him simply under this section the purchaser has a right to say " I may be safe, and I by no means say that I am not, but I do not choose to mix myself up with any investigation which may hereafter arise between the cestuis que trust and their trustees." I think a purchaser is justified in saying, "I will be prudent and cautious, and I require payment of the moneys to the trustees or to the joint account with their bankers designated by them." It is said there is authority against that. Now undoubtedly high authorities on conveyancing in their text-books have advised trustees to adopt the course laid down by these requisitions. It is said there have been alterations in the later editions, and (l) 2 De Q. & J. 468. C. A. possibly there have, but I do not think the authority of Lord St. 1883 Leonards can be vouched for the proposition which was involved j w in the decision of Mr. Justice Kay, of which I speak with great e Metroani respect, as of course I need hardly say I do also the opinion of folita! the Lord Justice who has preceded me. We must look to see Work...


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Product Details
  • ISBN-13: 9781236048004
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 310
  • Spine Width: 17 mm
  • Width: 189 mm
  • ISBN-10: 1236048008
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 558 gr


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