Bank of Ireland v Feeney

JurisdictionIreland
Judgment Date15 July 1930
Date15 July 1930
CourtSupreme 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...

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5 cases
  • Incorporated Law Society of Ireland v Carroll
    • Ireland
    • Supreme Court
    • 1 January 1996
    ...only party who could bring civil proceedings to enforce a public right was the Attorney General. Moore v. The Attorney General (No. 2)IR [1930] I.R. 457 and dicta of McCarthy J. in S.P.U.C. v. Coogan (No. 1)IR [1989] I.R. 734 applied. A.G. v. PaperlinkDLRM [1984] ILRM 373 approved. 3. That ......
  • Incorporated Law Society of Ireland v Carroll
    • Ireland
    • High Court
    • 24 January 1995
    ... ... Bank accounts for the Rialto branch were opened in the name of Mr. Ryan at what was Mr. Carroll's branch of the Bank of Ireland in Ballsbridge. Mr. Ryan ... ...
  • O'Keeffe v O'Flynn Exhams; and Others
    • Ireland
    • High Court
    • 31 July 1992
    ...Defendants Citations: BANK OF IRELAND FINANCE LTD V DALY LTD 1978 IR 79 CROSSFIELD, EX PARTE 1840 3 IR EQ R 67 BANK OF IRELAND V FEENEY 1930 IR 457 NATIONAL BANK OF GREECE SA V PINIOS SHIPPING CO 1989 1 AER 213 TRUSTEE SAVINGS BANK V MAUGHAN UNREP COSTELLO 8.10.91 1991/13/3449 Synopsis: BAN......
  • The Belize Bank Ltd v Garry Young
    • Belize
    • Court of Appeal (Belize)
    • 12 February 2019
    ...I am speaking about. They are In re O'Neill, A Bankrupt [1967] NI 129, The Governor and Company of the Bank of Ireland v Michael Feeney [1930] IR 457 and Damodaran s/o P V Raman v Choe Kuan Him [1980] AC SIR MANUEL SOSA P Ducille JA 19 I agree totally with the judgment of the Learned Presid......
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