Carson v Jeffers and Another

• Jurisdiction: Ireland
• Judgment Date: 01 January 1961
• Date: 01 January 1961
• Docket Number: (1959. No. 174/P.)
• Court: High Court

(H.C.)

Carson

and

Jeffers and Another

Grazing and conacre agreement - Lands subject of charge - Order for sale of the lands made in mortgage suit prior to agreement - Licensee having notice of mortgage suit and order at date of agreement - Implied term that agreement shouls terminate if necessary for purpose of implementing order in mortgage suit - Payment of consideration for licence a condition going to root of agreement - Non-payment of consideration - Possession.

The plaintiff at all material times was the registered owner of part of the lands of C., and of premises known as C. House situated thereon. He was also at all material times the registered owner of part of the lands of M. By deed of charge, dated the 5th June, 1955, the plaintiff charged the lands of C. with the repayment of certain principal money and interest in favour of C.A.S. By an order of the High Court, dated the 28th January, 1957, made at the suit of C.A.S. the usual reliefs in a mortgage suit, including in this case an order for the sale of the lands of C., were granted to C.A.S. By agreement, dated the 4th January, 1958, and made between the plaintiff and the first-named defendant, the plaintiff granted to that defendant a licence to use the lands of C.and M. for grazing and conacre for five separate periods of 11 months each, the first such period commencing on the 1st November, 1957 and ending on the 30th October, 1958, in consideration, inter alia, of the first-named defendant paying a sum of £500 for the first period and a sum of £1,400 on the 1st October in advance in respect of each subsequent period. C. House was let to the first-named defendant under a caretaker's agreement. The arrangements for the agreements were negotiated by the husband of the first-named defendant, as agent for the first-named defendant, and he was at all times aware of the mortgage suit and of the order for sale of the lands of C. By an order of the Court, dated the 10th September, 1958, made in the mortgage suit the plaintiff was restrained from making further lettings of the lands of C. and from disposing or parting with possession thereof, and was ordered forthwith to deliver up possession of the lands to C.A.S. For the purpose of complying with this order the plaintiff made request of the first-named defendant for possession of the lands of C. and terminated the caretaker's agreement in respect of C. House. The first-named defendant refused to vacate the...