References: , [1835] EngR 383, (1835) 1 Bing NC 421, (1835) 131 ER 1179
Links: Commonlii
Plaintiff put up to sale by auction a lease of premises, which he occupied as assignee of the lease, stipulation not to produce any title prior to the lease. In an action against a purchaser for not completing his purchase, in which action Plaintiff declared he was possessed of the lease, Held, the Defendant having rejected the abstract, that Plaintiff was bound to prove the execution of the lease by calling the attesting witness, and that it was not sufficient to prove the assignment to Plaintiff.
This case is cited by:
- Appeal from – Laythoarp -v- Bryant ([1836] 3 Scott 238, Commonlii, [1836] EngR 652, (1836) 2 Bing NC 735, (1836) 132 ER 283)
The Defendant purchased certain leasehold premises at an auction, and signed a memorandum of the purchase on the back of a paper containing the particulars of the premises, the name of the owner, and the conditions of sale: Held, that the Defendant . .