Bank of Ireland v Purcell

• Jurisdiction: Ireland
• Judge: Mr. Justice Barron
• Judgment Date: 09 November 1987
• Neutral Citation: 1987 WJSC-HC 1279
• Docket Number: 1987???query??????
• Court: High Court
• Date: 09 November 1987

1987 WJSC-HC 1279

THE HIGH COURT

1987???query??????

BANK OF IRELAND v. PURCELL

THE GOVERNOR AND 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 for present and future advances - Advances made before and after passing of the Act of 1976 - Absence of written consent of wife to disposition by husband of interest in family home after passing of the Act - Repayment of subsequent advances not secured by deposit of title deeds - Subsequent advances made in the knowledge that the security was the family home of the defendant husband - ~See~ Real Property, alienation - Family Home Protection Act, 1976, ss.1, 3 - (1987/178 Sp - Barron J. - 9/11/87) [1988] ILRM 480

|Bank of Ireland v. Purcell|

HUSBAND AND WIFE

Property

Family home - Conveyance - Validity - Condition precedent - Deposit of title deeds by husband before passing of Act of 1976 - Security for present and future advances by bank - Some advances made after passing of the Act - Advances made with knowledge that security was family home of husband and wife - No consent in writing by wife to disposition of interest in family home - Subsequent advances not secured by deposit - ~See~ Real Property, alienation - Family Home Protection Act, 1976, ss.1, 3 - (1987/178 Sp - Barron J. - 9/11/87) [1988] ILRM 480

|Bank of Ireland v. Purcell|

REAL PROPERTY

Alienation

Family home - Condition precedent - Spouse - Written consent - Equitable mortgage - Deposit of title deeds - Security for present and future advances - The plaintiff bank acquired an equitable estate in the family home of the defendant and his wife when the defendant in 1975 deposited the title deeds of the property with the plaintiff bank to secure the repayment of present and future advances made, and to be made, by the plaintiff to the defendant - In reliance upon that deposit the plaintiff advanced moneys to the defendant before and after the enactment of the Act of 1976 - Section 3 of the Act states at sub-s.1 that where a spouse, without the prior consent in writing of the other spouse, purports to convey any "interest" in the family home to any person except the other spouse then, subject as therein, the purported conveyance shall be void - Section 1 of the Act states that the word "conveyance" includes a mortgage, lease, assent, transfer, disclaimer, release and any other disposition of property (inter alia), and that the word "convey" shall be construed accordingly - Section 1 also states that the word "interest" means any estate, right, title or other interest, legal or equitable - The defendant's wife had not consented in writing to any disposition of an interest in the family home - The advances made to the defendant after the enactment of the Act of 1976 were made by the plaintiff bank in the knowledge that the security for the repayment of the advances was the family home of the defendant and his wife - Held that each advance of money made by the plaintiff to the defendant after the enactment of the Act of 1976, in reliance upon the security provided by the deposit of the title deeds, effected in law a corresponding purported disposition of an interest in the family home by the defendant to the plaintiff within the meaning of s.3, sub-s. 1, of the Act - Held that the defendant was entitled to a declaration that no security for the repayment of advances made by the plaintiff after the passing of the Act of 1976 was provided by the deposit of title deeds in relation to the family home of the defendant - ~In re O'Byrne's Estate~ 15 L.R. Ir. 189, 373 and ~Allied Irish Banks v. Glynn~ [1973] IR 188 considered - Family Home Protection Act, 1976, ss.1, 3 - (1987/178 Sp - Barron J. - 9/11/87) [1988] ILRM 480

|Bank of Ireland v. Purcell|

1 Judgment of Mr. Justice Barrondelivered on the 9th day of NOVEMBER1987.

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