Bank of Ireland v Waldron

JurisdictionIreland
Judgment Date01 February 1944
Date01 February 1944
CourtHigh Court
Bank of Ireland
and
Waldron

-Mortgagee's suit - Delay in completion - Failure of mortgagee to get up possession in time for completion - Whether purchaser entitled to damages on a sale by order of the Court - Duty of vendor having carriage to be in a position to give possession on date fixed for completion - Whether former practice of applying to Court for order for possession with a view to sale should be continued -Damage to lands occasioned by trespass occurring between date of sale and date when purchaser obtained possession - Onus of proof as to liability for damage.

A bank, as mortgagees of certainlands, having obtained from the Court the usual order for sale, put thelands up for sale by public auction. The auction was abortive, andsubsequently a proposal by an intending purchaser, accompanied bypayment of a deposit, was accepted by order of the Court, dated 8thJune, 1942, and the ensuing 9th July was fixed as the date forcompletion. The particulars and conditions of sale, which were in theprescribed form, provided for the giving of vacant possession to thepurchaser. The bank did not take steps to get up possession before thedate fixed for completion, nor did they have a receiver appointed overthe lands, and it was not until the end of July that they obtained fromthe Court an order for possession. The order was sent to the CountyRegistrar for execution on the 14th August. During the period betweenthe date of the sale and the date when the purchaser was eventuallygiven possession trespass was taking place on the lands, as a result ofwhich the lands were damaged. There was a conflict of evidence as to theextent of the damage attributable to the trespass, the bank contendingthat portion of the damage was done prior to the sale and that anotherportion could not have been avoided by the...

To continue reading

Request your trial
5 cases
  • Blackall v Blackall
    • Ireland
    • High Court
    • 6 June 2000
    ...Broad v. Munton (1879) 12 Ch. D. 131. Bank of Ireland v. Smith [1966] I.R. 646; (1966) 102 I.L.T.R. 69. Bank of Ireland v. Waldron [1944] I.R. 303; (1944) 78 I.L.T.R. 48. In re Bartlett, Newman v. Hook (1880) 16 Ch. D. 561. Berry v. Johnson (1837) 2 Y & C. Ex. 564. Connolly v. Keating (No. ......
  • McAteer & Bank of Ireland Mortgage Bank v Sheahan
    • Ireland
    • High Court
    • 13 September 2013
    ...Fanning [2009] IEHC 141, (Unrep, Dunne J, 29/1/2009); Bank of Ireland v Smyth [1993] 2 IR 102; [1993] ILRM 790; Bank of Ireland v Waldron [1944] IR 303; (1944) 78 ILTR 48; Re Belohn Ltd [2013] IEHC 130, [2013] 2 ILRM 388; Birmingham Citizens Permanent Building Society v Caunt [1962] Ch 883;......
  • McGrath v Stewart
    • Ireland
    • High Court
    • 11 November 2008
    ...AND DEREK STEWART DEFENDANT AND BETWEEN P.J. McGRATH AND THOMAS McGRATH PLAINTIFFS AND DEREK STEWART DEFENDANT BANK OF IRELAND v WALDRON 1944 IR 303 HEALY v FARRAGHER UNREP SUPREME Ó DÁLAIGH 21.12.1972 1966-75/H/2070 IR KBD IN RE POSTMASTER-GENERAL & COLGAN'S CONTRACT 1906 IR 287 CA IN RE ......
  • Irish Life & Permament Plc v Duff and Another
    • Ireland
    • High Court
    • 31 January 2013
    ...Mortgages Ltd v Gunn [2011] IEHC 275, (Unrep, Dunne J, 25/7/2011); Bank of Ireland v Smyth [1993] 2 IR 102; Bank of Ireland v Waldron [1944] IR 303; Heaney v Ireland [1994] 3 IR 593; First National Building Society v Gale [1985] IR 609; Damache v Director of Public Prosecutions [2012] IE......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT