Archbold v Scully

• Jurisdiction: Ireland
• Judgment Date: 07 May 1858
• Date: 07 May 1858
• Court: High Court of Chancery (Ireland)

Chancery.

ARCHBOLD

and

SCULLY.

Grant v. EllisENR 9 M. & W. 113.

Sanders v. Annesly 2 Sch. & Lef. 73.

Doe v. OxenhamENR 7 M. & W. 131.

Chadwick v. BroadwoodENR 3 Beav. 308.

Doe d. Barne v. Sanders 1 Fox & Sm. 18.

CHANCERY REPORTS. 177 present case, no question has been raised as to the rule of Law, and no doubt suggested as to any material facts. The Rev. Mr. Browne, one of the testamentary guardians, has waited on me, and I have received every assistance I could expect, to enable me to pronounce the proper decision which the law requires, so as to give effect to its fixed rules. The testamentary guardians are of course entitled to the costs of their petition. 1858. Chancery. In re BROWNE a Minor. Judgment. Reg. Li6., 24, f. 3. ARCHBOLD v. SCULLY:7C' May 7. TIlE petition in this case made the following statements, amongst In 1767, D, seised of an others. In the year 1750, Margaret Power, Mary Power, Ellen undivided Power and Catherine Power became entitled, as co-heiresses of simple of John Power, to the lands of Carrickavantry, held for lives renew- reasneewhaoldble , demised es. tates able for ever, and to the lands of Ballykilmurry, which were held her one-fourth in fee. Catherine married Daniel Pilkington the elder, who died, to for a term of 999 leaving two children, Daniel Pilkington and Anne Pilkington. years, subject to a rent. L. Catherine subsequently married John Dermody, who had issue was at the time owner of Pierce Dermody, and Mary Dermody, who, having married Richard another un divided one Shee, died, leaving issue one child only, Catherine Shee. fourth of the same lands. Margaret left issue a son, Richard Fanning, who died, leaving L.'s interest in the lands be- issue Januarius Fanning and James Fanning. came vested Mary Power having married a Mr. Power, had issue four daugh ned to the ters-Anne, who married a gentleman named Mayne--Mary the e retimatlining second, Catherine, and Margaret, who married John Lonergan. two-fourths. C. became en Margaret Lonergan left issue James and William Lonergan. James titled to • D's interest in the reversion, and the rent was paid to her by S. up to 1828, when C. died, having devised her interest to the petitioner. On C.'s death, S. denied the petiÂÂtioner's title, and refused to pay him the rent, and asserted a title to retain the rent for her own benefit. This claim appeared to have been made under a bona fide belief that the title had devolved upon S. S. died, leaving the respondent entitled to her interest, who, in 1835, obtained a renewal of the leasehold lands. In 1857, the petitioner filed a petition to have the renewal declared a trust for him.-Held, that he was barred by the lapse of time from 1828.-i" A petitioner may read as his evidence a portion of a respondent's affidavit, withÂÂout making the whole his evidence. vox,. 8. 23 1244&c,vae," • . 1q(7.(;: 360, 178 CHANCERY REPORTS. had issue a son named John Lonergan, who had issue three daughters, afterwards mentioned. Ellen Power had one son, John Donegan. John Power, from whom the Misses Power inherited, had, in 1719, mortgaged the lands of Carrickavantry and Ballykilmurry ; and the mortgagees' interest having become vested in Thomas Walsh, he went into possession of the mortgaged lands. In 1759, John Donegan, claiming...