A Treatise On the Law And Practice Relating to Vendors And Purchasers of Real Estate

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The ultimate decision of the Court, either for or against the title, is embodied in the chief clerk's certificate, which being adopted and signed by the Judge becomes binding on the parties, unless within eight days an application be made to discharge or vary it. Such an application being made to the Judge who signed the order, is by him usually refused without argument ; being merely a pro formd pro- ceeding in order to lay a foundation for an appeal (k).
Pending the reference, the defendant c
...annot dismiss the bill for want of prosecution (J).
A purchaser will not be compelled to take a doubtful Purchaser title (m) : or a merely equitable title (n), unless the sale be accept douU- under a decree of the Court (o), although he may have con- gquiJaSf*^^ sented to go before the Master upon a reference as to the title title ; to the estate directed in an administration suit (p) : nor wiU he be compelled to take an equitable title which his vendor, who purchased from ' the Court, was himself obliged to accept (q) ; nor, without his consent, would a case have been or consent to sent for the opinion of a Court of Law (r) ; nor will an inquiry genUo^Law ; be directed as to a doubtful matter of fact (s) ; for in neither (i) See Pegg v.


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