Carson v Jeffers and Another

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

(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...