Allied Irish Banks Ltd v Glynn

Judgment Date19 June 1973
Date19 June 1973
Docket Number[1968. No. 262 SP.]
CourtHigh Court
Allied Irish Banks Ltd

Deposit of land certificate - Equitable mortgage - Conveyance to mortgagor set aside - Title of mortgagee - Local Registration of Title (Ireland) Act, 1891 (54 55. Vict. c. 66), s. 81, sub-s. 5.

The first defendant was the registered owner of freehold registered land and he conveyed the land in fee simple to his son, the second defendant, subject to the right of the first defendant to reside in a house on the land. In June, 1963, the second defendant was registered as full owner of the land subject to the right of residence which was entered as a burden on the folio. In December, 1964, the second defendant deposited the land certificate with the plaintiffs as security for money to be advanced to him by the plaintiffs. In March, 1968, the Circuit Court made an order setting aside the conveyance in an action instituted by the first defendant against the second defendant in June, 1967. The first defendant was registered again as full owner of the land in July, 1968, and the burden was cancelled. The plaintiffs did not receive notice of the Circuit Court proceedings. The plaintiffs brought an action against the defendants in the High Court and claimed a declaration that moneys advanced by them to the second defendant were well charged on the interests of the defendants in the registered land. Held, by Kenny J., in making the delcaration, 1, that the act of...

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8 cases
  • Bank of Ireland v Purcell
    • Ireland
    • Supreme Court
    • 1 January 1990
    ...from conveying an "interest" in the lands. In re O'Byrne's Estate(1885) 15 L.R. Ir. 373 distinguished. Allied Irish Banks v. GlynnIR [1973] I.R. 188 considered. 2. That each time a further advance had been made by the plaintiff the amount being charged on the lands had been altered and the ......
  • Promontoria (Oyster) DAC v Fox
    • Ireland
    • Court of Appeal (Ireland)
    • 31 March 2023
    ...on the basis that the plaintiff was aware it was a family home and no consent had been sought or granted by the Defendant's spouse. 16 [1973] IR 188 at ...
  • Promontoria (Oyster) Dac v Desmond Greene
    • Ireland
    • Court of Appeal (Ireland)
    • 26 March 2020
    ...of the title deeds of unregistered land or of a charge thereon.” 29 As the High Court (Kenny J) explained in Allied Irish Banks v Glynn [1973] IR 188, the deposit, as security, of the title deeds of unregistered land “ gives the person with whom it is made an equitable estate in the lands u......
  • Bank of Ireland v Purcell
    • Ireland
    • High Court
    • 9 November 1987
    ...COMPANY OF THE BANK OF IRELAND .V. PHILIP PURCELL Citations: O'BYRNE'S ESTATES 15 LR(IRL) 373 IRISH REGISTRATION ACT 1708 S4 AIB V GLYNN 1973 IR 188 FAMILY HOME PROTECTION ACT 1976 S3 Synopsis: BANKER Advances Security - Title deeds - Deposit - Equitable mortgage - Family home - Security f......
  • Request a trial to view additional results
1 books & journal articles
  • Exploring the Interfaces between Contract Law and Property Law: A UK Comparative Approach
    • United Kingdom
    • Sage Maastricht Journal of European and Comparative Law No. 13-4, December 2006
    • 1 December 2006
    ...wi ll hamper the mortgagor’s dealings with the property. 179 See t he Law of Property Act 1925 s 66 .180 Allied Ir ish Banks Ltd v Glynn [1973] IR 188, 192 per Kenny J.181  is would ar ise where the interest held by t he mortgagor was itself e quitable only.182 Parker v Ho use eld [1834] ......

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