(m) Ouseley v. Anstruther, 11 Beav. 399.

(n) Hutton v. Mansell, 2 Beav. 260; Rutter v. Marriott, 10 Beav. 33; Dempsey v. Dempsey, 1 De G. & S. 691.

(o) Wilding v. Andrews, 1 C. P. Coop. N. R. 380.

(p) S. C.; and see Anon. cited Sug. 74.

(q) Bevan v. Bevan, 1 C. P. Coop. N. R. 381.

(r) Dan. Ch. P. by H. 1203.

We may here observe that an incumbrancer consenting to a sale in an administration suit is entitled to be paid his principal, interest, and costs, out of the purchase-money, in priority to the costs of the plaintiff in the cause (t); and, as a general rule, a decree for sale of an incumbered estate does not, of itself, alter the rights of the parties; so that where estates subject to numerous and complicated incumbrances were sold, by consent, it was held that to authorize payment of the costs of sale in the first place out of the general fund there should have been a special direction in the decree; and that, there being no such direction, the money arising from the sale of each estate ought to be treated as the estate itself would have been; and that the mortgagees ought to be paid their principal, interest, and costs, according to their respective priorities (u): but where a first mortgagee with power of sale unnecessarily files a bill praying a sale, subsequent incumbrancers, although they consent to the sale, are entitled to their costs out of the purchase-money, although it be insufficient to pay off the first charge (w).

If the purchaser, before completion, is served with a petition or motion for payment of the purchase-money out of Court, he is entitled to his costs of appearing on the application, although he make no opposition (x).

If the money has been invested on his application, he must, if the purchase is rescinded, take the stock, notwithstanding any variation in the funds (y).

Where the estate is incumbered.

Purchaser's costs of appearing on petition tor its distribution, when allowed.

(s) Heming v. Archer, 9 Beav. 366; see and consider Morris v. Clarkson, 3 Sw. 558, and other cases cited in reporter's note, et quaere.

(t) Hepworth v. Heslop, 3 Ha. 485; and see Tipping v. Power, 1 Ha. 405.

(u) Wild v. Lockhart, 10 Beav. 320; and see Aldridge v. Westbrook, 5 Beav. 188.

(w) Cooke v. Brown, 4 Y. & C. 227.

(x) Bamford v. Watts, 2 Beav. 201.

Where the conditions of sale are silent as to the time when he is to have possession, and as to interest upon the purchase-money, the rule of the Court is, that he shall be let into possession from the quarter-day preceding the confirmation absolute of the Master's report of his being the purchaser, he paying his purchase-money into Court before the following quarter-day (z); and although he may not pay his purchase-money into Court until the quarter is nearly expired, yet he will not be liable to pay interest (a) unless the estate be a reversion, in which case interest is payable from the date of the purchase (b); if he delay payment, he will take the rent only from the quarter-day preceding payment (c): nor will he be allowed the rents from an earlier day on the ground of his money having lain idle (d); where, as in the case of a colliery, the profits are ascertained monthly or weekly, he will be entitled to them from the commencement of the month or week (as the case may be) in which he pays his money (e); and the same" principle would, it is conceived, prevail where, as often happens with house property, the rents are paid at shorter intervals than a quarter; while on the other hand, if rents are reserved half-yearly, the purchaser would seem, on principle, to be entitled to them from the commencement of the current half, instead of quarter, year: on the purchase of a manor, fines on descent, are, for the purpose of the above rules, considered to accrue due on the death of the copyholder, and not on the admission of his heir or devisee (f).

If invested at purchaser's request, he takes the proceeds of investment if contract rescinded.

Possession- from what time purchaser is entitled to.

(y) Hodder v. Ruffin, cited Sug. 89.

(z) Maurice v. Wainewright, C. P. Coop. N. R. 378.

(a) S. C.

(5) Trefusis v. Lord Clinton, 2

Sim. 359.

(c) Sug. 73.

(d) Ibid.; Hindle v. Dakins, 1 C. P. Coop. N. R. 378.

(e) Wren v. Kirton, 8 Ves. 502.

(f) Garrick v. Lord Camden, 2

On the purchase of a life interest in stock, the purchaser pays interest and takes the dividends from the day of sale (g): on the purchase of a life annuity, secured by bond and payable quarterly, he must pay interest and take the annuity from the day on which he could first have confirmed the report (h).

The remarks already made (i) as to the abstract, searches for incumbrances, and matters arising between its delivery and the preparation of the conveyance, are generally applicable as well to sales by the Court as to ordinary sales.

The conveyance, if an infant be a necessary conveying party (k), or if, although he be not a party, it will by statute have the effect of divesting his estate (l), must be settled by the Master; but, with this exception, it is usual to direct only that the draft be settled by the Master in case the parties differ (m); and, when the order is so worded, a purchaser going before the Master pays his own costs, unless he can make out special grounds for exemption (n): the practice before the Master is similar to that in a suit for specific performance (o).

Upon the sale by the Court of leaseholds of a testator, his executor, although he have not been in possession, is entitled to an indemnity from the purchaser against the rent and covenants (p).

On purchase of life interest or life annuity.

As to the abstract, etc.

Conveyance - when to be settled by Master.

Executor of lessee entitled to indemnity from purchaser of leaseholds.

Cox, 231; the marginal note is incorrect: it will be seen from the case that the admissions were after and not before the time fixed for completion; see Earl Hardwicke v. Lord Sandys, 12 M. & W. 761.

(g) Anson v. Towgood, 1 Jac. & W. 637.

(h) Twigg v. Fifield, 13 Ves. 517.

(i) Supra, Ch. VIII., X. XL

(k) Calvert v. Godfrey, 2 Beav. 267.

(l) Cheese v. Cheese, 15 L. J., N.

S. 28, V. C. S.; aliter, if the infant be only interested in the proceeds of sale (Richardson v. Ward, 11 Beav. 378): the consequent costs must be borne by the funds in Court: Brown v. Lake, 15 L. J., N. S., 34, V. C. K. B.

(m) Sug. 75.

(n) Hodgson v. Shaw, 11 Jur. 95, V. C. K. B.

(o) Vide supra, 586.

(p) Cochrane x. Robinson, 11 Sim. 378.

The purchaser may require the concurrence of all persons having a legal title to, or remedy against, the property, although parties to the suit (q); except, perhaps, a dowress, whose dower is barred by a term or equitable jointure (r); but cannot, it would seem, "if he acquire the legal estate, require, at the seller's expense, a release from equitable incumbrancers whose demands have been satisfied by the Court (s);" nor does it, in fact, appear, that he can insist on the concurrence, even at his own expense, of parties having mere equitable interests and who are bound by the decree (t); if the decree direct that all proper parties convey, and a party to the suit, whom the Master considers a proper party to the conveyance, refuses to concur, the purchaser should move against the recusant party (and not against the plaintiffs) that he do convey (u): it appears that a mortgagee, who has proved his debt, may be required to receive his money and to concur without the usual six month's notice (w).

Such an order will not be made against a married woman in respect of her real estate not settled to her separate use (x); but will be made against an infant (y), and if he refuse to execute, an attachment may issue against him (z).

Purchaser may require concurrence of all necessary parties.

Who are such.

Party refusing may be ordered to convey.

Against whom order will be made.

(q) See and consider Craddock v. Piper, 14 Sim. 310.

(r) Vide supra, pp. 251, 252.

(s) Sug. 75, citing Keatinge v. Keatinge, 6 Ir. Eq. Rep. 43; and Webber v. Jones, ib. 142.

(t) Webber v. Jones, ubi supra.

(u) Stillwell or Stilwell v. Mel-lersh, 10 Sim. 367; 4 Myl. & Cr. 581.

(w) Matson v. Swift, 5 Jur. 645.

(x) Jordan v. Jones, 2 Ph. 170.

(y) As to conveyances on sales in creditor's suits, see 1 Will. IV. c. 47, ss. 11 and 12, amended by 2 & 3 Vict. c. 60, and 11 & 12 Vict. c. 87; and see Penny v. Pretor, 9 Sim. 135; Walker v. Aston, 14 Sim. 87;

Iteming v. Archer, 8 Jur. 945; 7 Beav. 515; 8 Beav. 294: an infant tenant in tail may be ordered to convey, Radcliffe v. Ecclcs, 1 Keen, 130; Penny v. Pretor, supra: a suit by an equitable mortgagee praying a sale is within the statute; and the infant heir of the mortgagor will be ordered to convey, although the mortgagee is, with the permission of the Court, the purchaser; and although, if the decree had been for foreclosure, the infant would have been allowed to show cause on coming of age; see Scholefield v. Hea-field, 7 Sim. 669; 8 Sim. 470; Red-shaw v. Neivbold, 12 Jur. 833, V. C. K. B.; Clinton v. Bernard, 1 Dru. several lots of larger aggregate amount (h); if the purchaser, instead of applying to the Court, bring an action at Law against parties to the suit for a document to which he is entitled, he will be restrained by injunction (i): where mortgagees, parties to the suit, consented to the sale, they were ordered to leave the deeds in the Master's office, but it was directed that they should not be delivered to the purchaser without notice to the mortgagees (j).

But the more usual course of proceeding, where a party to the suit refused to execute, has been to treat such party as a trustee within the 1 Will. IV. c. 60, and to obtain an order for some other person to convey under the Act; and this course might have been adopted when the recusant party was a married woman (a), infant (b), lunatic (c), or mere tenant for life (d): and the mere decree directing a sale and all proper parties to convey, made the owner of the legal estate, if party to the suit, a trustee within the Act (e): and an order for a conveyance, or a vesting or releasing order having the effect of a conveyance, may now be obtained under the 13 & 14 Vict. c. 60 (f).