CONVEYANCING ACT 1919 - SECT 180
Sale under power not to be avoided by reason of mistaken payment to tenant for life
CONVEYANCING ACT 1919 - SECT 180
Sale under power not to be avoided by reason of mistaken payment to tenant for life
180 Sale under power not to be avoided by reason of mistaken payment to tenant
for life
(1) Where, under a power of sale, a bona fide sale is 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, is by mistake allowed to receive
for his or her own benefit a portion of the purchase money as the value of the
timber or other articles, the Court, upon any claim or application as the case
may require or permit, may declare that upon payment by the purchaser or the
claimant under that purchaser of the full value of the timber and articles at
the time of sale, with such interest thereon as the Court directs, 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 are entitled
thereto, the sale ought to be established.
(2) Upon such payment and
settlement being made accordingly the Court may declare that the sale is
valid, and thereupon the legal estate shall vest and go in like manner as if
the power had been duly executed.
(3) The costs of the application as between
solicitor and client shall, unless the Court otherwise orders, be paid by the
purchaser or the claimant under that purchaser.