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Lysaght v Edwards

[1876] 2 Ch D 499

Case summary last updated at 24/02/2020 15:21 by the Oxbridge Notes in-house law team.

Judgement for the case Lysaght v Edwards

Lysaght purchased land from Edwards. Edwards died before the transaction was final. His heirs are denying that the transaction should take place. The purchaser brought an action forward for specific performance of the contract. Held that specific performance was available to the purchaser. CA held that once you have a valid contract for sale that the vendor becomes in equity a constructive trustee for the purchaser of the estate sold, and the beneficial ownership passes to the purchaser, the vendor having right to the purchase-money, a charge or lien on the estate for the security of that money and a right to retain until it is paid.

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