Atkin v Moran

• Jurisdiction: Ireland
• Judgment Date: 29 July 1871
• Date: 29 July 1871
• Court: Exchequer (Ireland)

ATKIN

and

MORAN.

Chancery.

Motion Ex parte — Suppression of Facts — Effect of.

Holcombe v. AntrobusENR 8 Beav. 412.

Feucheres v. DawesENR 11 Beav. 46.

St. Victor v. DevereuxENR 6 Beav. 584.

Yu.. VI.] EQUITY SERIES. the whole of the apportioned part. The present Earl claims, not as a remainderman, but as legatee of the apportioned part ; and we must consider the case as if he was not remainderman, but a third person. Suppose the late Earl had bequeathed to A. B. " the apÂÂportioned part of the gale of rent which should be current at his death," A. B. would claim from the executors the apportioned part, and he would be entitled to get from the executors what they got from the remainderman. We then come back to the question-what would they get from the remainderman ? It is clear that they would get back, in a case like this, the whole of the apporÂÂtioned part, without any deduction for the interest on the charges on the inheritance, which were vested in the tenant for life. Therefore, it appears to me that the principle on which the bill rests entirely fails, and it must be dismissed. The costs, of course, must follow. Solicitor for the Plaintiff : Mr. B. Courtenay. Solicitors for the Defendant : Mr. Oct. O'Brien. ATKIN v. MORAN. Chancery. Motion Ex parte-Suppression of Facts-Eject of. 1871. Order obtained ex parte discharged, on the ground of the suppression of material facts. MornoN on behalf of the Respondent, the Rev. James F. Moran, that the order in this matter, dated the 19th November, 1870, should be discharged, with costs, on the grounds that such order was obtained on the suppression of facts of which the Petitioner or his solicitor had notice. The suit was instituted by cause petition, under the 15th section of the Chancery Regulation Act, 1850, and the usual order of reference was made on the 1st June, 1867. That order was not acted upon, and on the 19th November, 1870, an order renewing it was obtained by the Petitioner, who moved ex parte on an affidavit stating merely the existence of the former order, and the reasons for its not having been acted upon. When the case came 80 THE IRISH REPORTS. [I. Chancery. before the Master, the deed which is referred to in the judgment 1871. of the Lord Chancellor appeared, whereupon the present motion ATKIN was instituted. v. MORAN. Mr. Palles, Q. C., and Mr. Bourne for the Respondent, in sup port of the motion. Mr. 0' Hagan, Q. C., and Mr. Hickson for the Petitioner, contra. The...