Allied Irish Banks Ltd v Glynn

• Jurisdiction: Ireland
• Judgment Date: 19 June 1973
• Date: 19 June 1973
• Docket Number: [1968. No. 262 SP.]
• Court: High Court

(H.C.)

Allied Irish Banks Ltd

and

Glynn

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...