Alexander, Grantor; MacKy, Grantee

• Jurisdiction: Ireland
• Judgment Date: 03 June 1893
• Date: 03 June 1893
• Court: Land Commission (Ireland)

Land Com.

ALEXANDER, GRANTOR;

MACKY, GRANTEE.

Gun-Cunningham v. ByrneUNK 30 L. R. Ir. 384.

, 1891 (54 & 55 Vict. c. 57), sect. 1 —, 1881 (44 & 45 Vict. c. 49).

Voi. XXXII.] (4. B. & EX. DIVISIONS. 485 ALEXANDER, GRANTOR ; MACKY, GRANTEE. Redemption of Rent (Ireland) Act, 1891 (54 4. 55 Vict. c. 57), sect. 1-FeeÂfarm grant made after the passing of the Land Law (Ireland) Act, 1881 (44 (5, 45 Vict. c. 49). Section 1 of the Redemption of Rent (Ireland) Act, 1891, does not apply to a fee-farm grant executed after the passing of the Land Law (Ireland) Act, 1881, and not made under the provisions of the Renewable Leasehold ConverÂsion Act. Land Conn. 1893. April 18. June 3. MOTION by John Staples Alexander, that the application of Francis Coffin Macky to redeem his rent, and for an advance under the Land Purchase Acts to carry out such redemption, or to have a fair rent fixed, be disallowed, and that his originating notice be set aside, on the grounds (inter alia) that the grant under which the lands were held was executed after the passing of the Land Law (Ireland) Act, 1881 (44 & 45 Vict. c. 49), and that it was not a fee-farm grant within the meaning of the Redemption of Rent (Ireland) Act, 1891 (54 & 55 Vict. c. 57), but was a purchase-deed. In the end of 1874, or beginning of 1875, James Thompson Macky became tenant from year to year to John Staples Alexander of part of the lands of Summerhill, containing about 35 acres, and lands called Spa Well, in the liberties of the county and city of Londonderry, at a rent of £172. Spa Well and part of Summerhill were subsequently surrendered, the tenant retaining 16A. 3R. 35p. of the latter, at a rent of £67 17s. 6d. In July, 1883, the tenant offered to purchase his landlord's interest in this portion of the lands for £18,000, but the landlord declined to sell, offering, however, a reduction in the rent. The tenant thereupon offered to pay £1200 and a yearly rent of £50 for a lease in perpetuity, and ultimately, by an agreement dated the 7th November, 1884, and made between John Staples Alexander, thereinafter called the vendor, of the one part, and James Thompson Macky, thereinafter called the purchaser, of the VoL. XXXII. 2 486 LAW mums (1 MLA NI)). [L. It. I. Land Com. other part, reciting the seizin by the vendor of the lands therein-1893' after described under a fee-farm grant from the Irish Society, ALEXANDER, and that the purchaser held the said lands as tenant to the vendor, Grantor ; MACKY, it was agreed that the vendor, in consideration of £1200 and the Grantee. yearly fee-farm rent of £50, tobe reserved as thereinafter mentioned, would sell, and the purchaser would purchase, the said lands ; that the conveyance should be made by way of fee-farm grant, reservÂing the rent of £50, payable half-yearly, over taxes, &c. (landÂlord's statutable proportion of poor rate and county cess excepted), the grant to contain the usual covenants to pay rent, and powers of distress and re-entry, and covenants to keep in repair, and to observe the covenants in the grant from the Irish Society. The agreement contained stipulations as to evidence of title, &c., and provided that the purchaser should pay the purchase-money on the 1st February then next, when the purchase should be completed, and upon payment thereof the vendor and other necessary parties (if any) should execute a proper fee-farm grant of the premises sold to the purchaser. The agreement contained...