180Sale under power not to be avoided by reason of mistaken payment to tenant for life

#### 180 Sale under power not to be avoided by reason of mistaken payment to tenant for life 180 Sale under power not to be avoided by reason of mistaken payment to tenant for life > > (1) Where, under a power of sale, a bona fide sale is made of an estate with the timber thereon, or any other articles attached thereto, and the tenant for life, or any other party to the transaction, is by mistake allowed to receive for his or her own benefit a portion of the purchase money as the value of the timber or other articles, the Court, upon any claim or application as the case may require or permit, may declare that upon payment by the purchaser or the claimant under that purchaser of the full value of the timber and articles at the time of sale, with such interest thereon as the Court directs, and the settlement of the said principal moneys and interest under the direction of the Court upon such parties as in the opinion of the Court are entitled thereto, the sale ought to be established. > > > (2) Upon such payment and settlement being made accordingly the Court may declare that the sale is valid, and thereupon the legal estate shall vest and go in like manner as if the power had been duly executed. > > > (3) The costs of the application as between solicitor and client shall, unless the Court otherwise orders, be paid by the purchaser or the claimant under that purchaser. > > **s 180:** Am 1970 No 52, Second Sch (am 1972 No 41, Second Sch).