Barton v Lord Downes

• Jurisdiction: Ireland
• Judgment Date: 30 May 1842
• Date: 30 May 1842
• Court: Rolls Court (Ireland)

Rolls.

BARTON

and

LORD DOWNES.

Alexander v. CrosbieUNK 2 Ir. Eq. Rep. 141.

Leland v. GriffithUNKENR 2 Mol. 150; see Bennett v. Fowler, 2 Beav. 302.

CASES IN EQUITY. 607 1842. Rolls. BARTON v. LORD DOWNES. UNDER the decree in this cause, certain lands, situate in the county of Meath, were sold for £14,500. In the rental, published for the purpose of the sale, some of the denominations were described as " fee-farm," others as "fee-simple." There were several conditions of sale. A case, with the abstract of title, &c., having been laid by the purchaser before his Counsel for his opinion thereon, the Counsel discovered that in the grant of the fee-farm lands was a reservation of royalties, whereby a right was reserved in the fullest manner to the grantor, his heirs, &c., and their servants, at any time to enter upon the lands for the purposes of hunting, fishing, &c., and of searching for mines, minerals, &c., and digging and carrying away the same ; and further discovered, that about ten acres of the demesne lands, in the neighbourhood of the mansion-house, and described in the rental as "fee-simple," were held under a title different from that of the rest, and were part of an estate which was subject to a trifling quit-rent, the payment of which was secured by clauses of distress and re-entry. Neither the right of entry nor the quit-rent appeared in the rental, abstract of title, or conditions of sale ; and upon these grounds, objections to the title were advised and taken on behalf of the purchaser. However, the estates being of ancient creation, and it appearing that from the present time for a period including a long series of years past, there was not any exercise or claim of the right of entry on the fee-farm lands, nor any payment or demand of quit-rent in respect of the ten acres which had been for a long time held and treated as part and parcel of the fee-simple estate ; and no evidence having been adduced of any exercise or claim of the said right of entry at any time, or of any payment or demand of quit-rent by or from the tenant of the ten acres, the Master overruled the objections, and reported a good title. But, upon the matter being brought before this Court on exceptions to the report, on the grounds already mentioned, the Master of the Rolls allowed the exceptions*; and subsequently, on the purchaser's motion, ordered that he should be disÂcharged, and that the purchase money (which had been invested in stock), • The...