Barden v Downes

• Jurisdiction: Ireland
• Judgment Date: 23 February 1940
• Date: 23 February 1940
• Court: Supreme Court

Barden

and

Downes

Mortgagee's suit - Order for sale of mortgaged premises -Jurisdiction to make order for payment on personal covenant in same suit - Subsequent proceedings by summary summons on personal covenant for payment - Staying action - Rules of the Supreme Court (Ir.), 1905, Or. LV, r. 7 - Rules of the High Court and Supreme Court, 1926, Or. II, Or. III.

Upon a summary summons issued by a mortgagee for an order for sale of the mortgaged premises there is no jurisdiction to make an order for payment on the personal covenant contained in the mortgage deed, and therefore a mortgagee, having obtained on summary summons (Form No. 3) an order for sale, may subsequently obtain on summary summons (Form No. 2)...