Bank of Ireland v Feeney

• Jurisdiction: Ireland
• Judgment Date: 15 July 1930
• Date: 15 July 1930
• Court: Supreme Court (Irish Free State)

[H. C., S. C., I.F.S.]

Bank of Ireland

and

Feeney

Non-conveyance of any estate in the lands charged - Power of sale - Declaration of trust - Attorney clause - Action of ejectment brought by chargeant - Right of chargeant to possession - Summary summons - Rules of the Supreme Court (Ir.)1905, Or. LV, r. 7 - Rules of the High Court and Supreme Court, 1926, Or. III, r. 1 (iv) (d) and (p).

The plaintiffs claimed possession, on summary summons, of certain holdings of land, of which the defendant was a tenant, comprised in an indenture of charge executed by the defendant in theirfavour. The indenture of charge contained a covenant by the defendant to pay to the plaintiffs, on demand, the balance for the time being owing by him to them on all accounts, together with interest from such demand until payment. This was followed by a charge by the defendant, as beneficial owner, of the holdings of land, and all the estate and interest which he might afterwards acquire therein, with the said balance and interest, in favour of the plaintiffs. The indenture also contained, inter alia, a proviso for release of the charge by the plaintiffs upon payment with or without demand; a proviso that the plaintiffs should have the power of sale conferred on mortgagees by he Conveyancing Act, 1881, with the modification that the money secured should be deemed to have become due when demand had been made or served, and that the restrictions imposed by s. 20 of the Act should not apply; a declaration by the defendant that he should thenceforth stand possessed of the tenant's interest, and of every other estate and interest which might thereafter be acquired by him in the lands thereby charged, in trust for the plaintiffs, subject to such equity of redemption (if any) as might for the time being be subsisting by virtue of the presents, and to dispose thereof as they should direct...