English Reports in Law And Equity: Containing Reports of Cases in ..., volume 14
English Reports in Law And Equity: Containing Reports of Cases in ..., volume 14
Great Britain Parliament. House of Lords, Great Britain. Privy Council. Judicial Committee
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360 ; Rugg v. Minett, 11 East, 210 ; or, at all events, it was a sale of the vendor's interest at that time. The deed operates as a mere authentication of the transfer; and moreover, it recites a past contract Orowder, in reply, contended that there was no contract on the 5th • of February ; that the deed spoke of the conveyance of the annuity as being " from thenceforth ; " and, consequently, that the plaintiff had never received any consideration for his money. Cur. adv. vulL The judgment of ...the court was now delivered by Pollock, C. B. The question in this case, which the court took time to consider, lies in a very narrow compass. The plaintiff brought his action agtinst the defendant to recover back money paid by him for the purchase of an annuity bequeathed to Edward Henry Lane, of Sydney, New South Wales, by the will of Mrs. Elizabeth Way. That annuity had been assigned by Edward Henry Lane, who was still residing in Sydney, to ^hur Daintrey and Adrian Daintrey, in order that they, as his trustees, might dispose of it in England for his benefit.
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