A Practical Treatise of the Law of Vendors And Purchasers of Estates volume 2

Cover A Practical Treatise of the Law of Vendors And Purchasers of Estates volume 2
A Practical Treatise of the Law of Vendors And Purchasers of Estates volume 2
Edward Burtenshaw Sugden
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Vol II 34 [*803] ^66 OF INTEREST, upon the ground that the contract excluded the claim by the seller, of interest, and of the benefit of tlie increased value by the wearing of the lives (e).
34. The Court below afterwards, upon further directions, ob- served that as the property would, by the conveyance, in truth be placed in the purchaser's possession ab antecedenti by the inter- mediate wearing of the lives, it was necessary, in order to do equity between the parties, that the conveyance shou
...ld be dated from the earliest period when a good title was shown by the sellers, and that they should be entitled to the principal money^ with interest, and the purchaser to the rents and profits from that earliest date : therefore, the period when the Master found a good title had been shown was taken for the commencement of the several rights to interest, and the rents and profits. But the seller was also decreed to be entitled to the increased value arising from the dropping of lives, between the period up to which the parties *had agreed to a fixed compensation (I) and the period when the interest was to commence.

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