swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Northern Ireland - From: 1800 To: 1849
This page lists 1 cases, and was prepared on 02 April 2018.
Crofton v Ormsby (1804) 2 Sch & Lef 604
1804
Lord Redesdale, Lord Chancellor in Ireland
Northern Ireland, Contract
When the purpose of one party to a contract causing delay was to defeat the other party, if the other party then fails to complete, the delaying party cannot insist on performance of the contract: 'The whole laches here consists in the not clothing an equitable estate with a legal title, and that by a party in possession. Now I do not conceive that this is that species of laches, which will prevail against the equitable title; if I should hold it so, it would tend to overset a great deal of property in this country, where parties often continue to hold under an equitable contract for forty or fifty years, without clothing it with the legal title. I conceive, therefore, that possession having gone with the contract, there is no room for the objection. ... But, in the present case, there is nothing but a resting on the equitable estate by a person in possession, without clothing it with a legal title, which I think never was held to be that sort of laches that would prevent relief.'
1 Citers
