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Decisions of the Superior Courts of New South Wales, 1788-1899

Hughes v. Sparke [1838] NSWSupC 68

specific performance - married women's legal disabilities

Supreme Court of New South Wales

Willis J., 10 July 1838

Source: Sydney Herald, 13 July, 1838

In Equity.- Before Mr. Justice Willis.

Hughes and another v. Sparke. - In this case a bill was filed to complete a specific performance.  It appeared from the pleadings, that Mary Hunt being entitled to some land at Maitland, sold the same to the plaintiffs, but that being a married woman a commission had issued to Mr. Pilcher to take her acknowledgment; that after the commission had issued, and before it reached him, Mr. Pilcher who had received notice of its being granted, and in consequence of the ill-health of Hunt, examined her in manner required by the Act; that after the commission reached him he went again, when she was unable to speak, and shortly afterwards died.  Sparke had purchased a portion of the land from the plaintiffs, but refused to complete his purchase, as he considered the commission informally returned.  The reference to the master was waived, the parties wishing to have the opinion of the Court.  Mr Justice Willis said he would consult his brother the return to the commission sufficient, and ordered a specific performance.

Published by the Division of Law, Macquarie University