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LAW OF PROPERTY AMENDMENT ACT 1859 - SECT 13

Sale under power not to be avoided by reason of mistaken payment to tenant for life, &c.

13. Where under a power of sale a bona fide sale shall be made of an estate
with the timber thereon, or any other articles attached thereto, and the
tenant for life or any other party to the transaction shall by mistake be
allowed to receive for his own benefit a portion of the purchase money as the
value of the timber or other articles, it shall be lawful for the [High Court
of Justice in Northern Ireland], upon any bill or claim or application in a
summary way, as the case may require or permit, to declare that, upon payment
by the purchaser or the claimant under him of the full value of the timber and
articles at the time of sale, with such interest thereon as the Court shall
direct, and the settlement of the said principal moneys and interest under the
direction of the Court upon such parties as in the opinion of the Court shall
be entitled thereto, the said sale ought to be established; and upon such
payment and settlement being made accordingly the Court may declare that the
said sale is valid; and thereupon the legal estate shall vest and go in like
manner as if the power had been duly executed; and the costs of the said
application as between solicitor and client shall be paid by the purchaser or
the claimant under him.

© 1859 Crown Copyright

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