A Selection of Cases on Equity Jurisdiction (Volume 2) (Paperback)

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: CHAPTER II. INCIDENTS OF THE RIGHT TO SPECIFIC PERFORMANCE. TOWNLEY v. BEDWELL. In Chancery, Before Lord Eldon, C, March 31, April 1, 1808. [Reported in 14 Vesey 590.] By the Master's report under an order of reference to state encumbrances, it appeared that a lease had been executed in 1795 by the testator in this cause to Townley, for thirty-three years, with a proviso, that if Townley, his executors, administrators, or assigns, should be desirous to purchase the premises within six years, he, his executors, administrators, or assigns, should pay to the testator, his heirs or assigns, 6oo for the purchase upon having a good titl- made to him, Townley, his executors, administrators, or assigns. The testator died before the expiration of six years from the date of the lease. After his death, and within that period, Townley declared his option to purchase, according to the proviso. The Master's report also stated in agreement for a lease to Pratt, with a proviso for a covenant; hat if at any time after the ground should be covered with houses by the tenant, he, Pratt, his executors, administrators, or assigns, should be minded to have all or any part made freehold, the testator, his heirs, executors, etc., would make a title, the value to be fixed by two persons; one to be appointed by the testator, the other by Pratt. In pursuance of that agreement a lease was granted in 1791, for ninety-nine years- A petition was presented by the heir at law, praying to be let into possession, and to have the rents accrued paid to him out of court. No option to purchase had been declared as to the premises demised to Pratt. Mr. Fonblanque and Mr. Bell in support of the petition. The Lord Chancellor. This precise question was decided at the Rolls by Lord Kenyon; holding...