Coey v Pascoe

• Jurisdiction: Ireland
• Judgment Date: 21 June 1898
• Docket Number: (1898. No. 232.)
• Date: 21 June 1898
• Court: Chancery Division (Ireland)

Chancery Division

M. R.

(1898. No. 232.)

COEY

and

PASCOE

Brereton v. TuoheyUNK 8 Ir. C. L. R. 190.

Duches of Chandos v. BrownlowENR 2 Ridg. 345.

Evans v. Walshe 2 Sch. & Lef. 519.

Gabbett v. LawderUNK 11 L. R. Ir. 295.

Hardman v. Johnson Ibid. 347.

Kent v. Stoney 9 Ir. Ch. R. 249.

Lawder v. Blachford Beatty, 522.

Lylte v. Fox [1897] 1 Ir. Rep. 340, 355.

Lytle v. Fox [1898] 1 I.r R. 355.

Pilson v. SprattUNK 23 L. R. Ir. 5.

Pilson v. SprattUNK 25 L. R. Ir. 5.

Postlethwaite v. Lewthwaite ENR 2 J. & H. 237.

Randall v. RussellENR 3 Mer. 190, 196.

Randall v. RussellENR 3 Mer. 196-198.

Re Lord Ranelagh's WillELR 26 Ch. D. 590.

Trumper v. TrumperELR L. R. 14 Eq. 295.

Wilmot v. Aylmer 5 Ir. Jur. (N. S.) 372.

Renewable lease — Covenant — Construction — Purchase of reversion in fee by assignee of covenantor — Graft — Equitable right — Delay — Laches.

VoL. I,] CHANCERY DIVISION. 125 COEY v. PASCOE. M. R. 1898. (1898. No. 232.) June 4, 10, 21. Renewable lease—Covenant—Construction—Purchase of reversion in fee by assignee of covenantor--Graft—Equitable right—Delay—Laehes. A covenant by a middleman (whose lease contained a toties quoties covenant for renewal by his lessor) to renew a lease as often as his own lease is renewed, or any extended interest granted, does not bind a purchaser from the covenantor in respect of any further interest in the premises acquired by such purchaser. The fee-simple being conveyed to such purchaser is not affected by a coveÂnant to which the fee in the hands of the vendor is not liable. Circumstances under which lathes held to be a bar to an equitable claim. BY lease dated October 1st, 1804, the Marquis of Donegall demised to Thomas Ludford Stewart certain premises in Belfast for two lives (since expired), and ninety-nine years, from the 1st of May, 1804. By lease dated 25th September, 1806, Thomas Ludford Stewart demised a portion of the premises comprised in the lease of October 1st, 1804, to Francis M'Cracken for ninety-four years, from the 1st of November, 1806, subject to the rent of £42 18s. On 5th August, 1811, the assignees in bankruptcy of Francis M'Cracken, in consideration of the sum of £500, assigned the premises comprised in the lease of 25th September, 1806, to William Simms, James M'Cleery, and James M'Adam, as tenants in common, for the residue of the term of ninety-four years, then unexpired. By deed dated October 31st, 1812, James M'Cleory assigned unto William Simms and James M'Adam his one-third share of the premises before mentioned. By lease dated 29th April, 1825, William Simms and James McAdam demised to Samuel M‘Birney the above-mentioned premises (with others) for seventy-one years, from 1st May, 1825, at the yearly rent of £80. This lease contained the following 1899—VoI. I. 126 THE IRISH REPORTS. [1899. M. R. covenant :—" And the said William Simms and James M'Adam 1898. do hereby for themselves, their heirs, executors, administrators, COEY and assigns, covenant, promise, and agree to and with the said PASCOE. Samuel M(Birney, his heirs, executors, administrators, and assigns, that they, the said William Simms and James M'Adam, their heirs, executors, administrators, and assigns, shall and will from time to time, and at all times hereafter, give, grant, and demise unto the said Samuel 3,1`Birney, his heirs, executors, adminisÂtrators, or assigns, on the said Samuel M'Birney, his heirs, executors, administrators, or assigns, paying the fair proportion of such renewal fine as shall be payable out of the said demised premises with others, a renewal or new lease of such further or other term, time, or increased interest, whether for lives renewable, or lives or years, or how otherwise soever, which they, the said William Simms and James M'Adam, their heirs, executors, adÂministrators, or assigns, shall or may obtain, or be entitled to, of said premises from the Marquis of Donegall, or other person or persons having the right, power, or authority, to give or grant any such renewal or further increased interest of the same." By lease dated May 1st, 1826, Samuel M‘Birney demised the premises comprised in the lease of 1806, to John Busby for seventy years, from May 1st, 1825, at the yearly rent of £36 9s. 5d. This lease contained the following covenant : —"And the said Samuel M‘Birney doth hereby for himself, his heirs, executors, administraÂtors, and assigns, covenant and promise and agree to and with the said John Busby, his heirs, executors, administrators, and assigns, that in case the said Samuel 111‘Birney, his heirs, executors, adÂministrators, or assigns, shall or may at any time hereafter procure or obtain any renewal or new lease, or further or other extended term or interest of any kind whatsoever, in and to the said premises, that then, and in that case, the said Samuel M'Birney, his heirs, executors, administrators, and assigns, shall and will from time to time, and at all times hereafter, give and grant unto the said John Busby, his heirs, executors, administrators, or assigns, a renewal or new lease of said premises for such further and other term as he the said Samuel M‘Birney, his heirs, executors, administrators, or assigns, may procure of the whole of said premises, upon the said John Busby, his heirs, executors, Vot.. I.] CHANCERY DIVISION. 127 administrators, or assigns, first paying a full and fair proportion of 31. R. such renewal fine and fines from time to time as the said Samuel 1898. M‘Birney, his heirs, executors, administrators, or assigns, shall or COSY E. Y may be obliged to pay, and all rent and arrears of rent due out of PASCOE. the premises hereby demised." By deed dated 23rd June, 1830, William Simms and James M'Adam assigned and conveyed to Robert Getty all their estate and interest under the lease of 1806, in the thereby demised premises, in consideration of the sum of £1600, subject to the payÂment of the rent and performance of the covenants. There was no reference to the lease of 29th April, 1825. By deed dated 31st August, 1831, Samuel M‘Birney, in conÂsideration of £150, assigned all the premises demised to him by the lease of 29th April, 1825, to John Getty, " for the residue of the said term of seventy-one years, granted by said lease of 29th April, 1825, and for all and every such further or extended term or terms as might be obtained of said premises pursuant to the covenant for renewal in said indenture of lease contained," subject to payment of the rent and performance of the covenants. And John Getty thereby acknowledged that the sum of £150 paid by him as the consideration money was the proper money of Robert Getty, and that he was merely a trustee for the said Robert Getty. By indenture dated April 20th, 1829, the Marquis of Donegall demised to Thomas Ludford Stewart the premises comprised in the lease of 1806, to hold for three lives therein named, with a covenant for perpetual renewal at the yearly rent of £30 9s. 21d. The interest of Thomas Ludford Stewart in the lease and premises afterwards legally vested in James Arthur Wall, and by deed dated November 16th, 1847, the then Marquis of Donegall granted the premises comprised in the indenture of lease of April 20th, 1829, to James Arthur Wall, " to hold the same unto and to the use of the said James Arthur Wall, his heirs, and assigns for ever . . . subject to the yearly fee-farm rent of £30 9s. 2id." By deed poll dated 23rd December, 1851, the then ComÂmissioners for the sale of Incumbered Estates in Ireland, for the L2 THE IRISH REPORTS. p899. consideration therein mentioned, granted to James Gilmore, and James Arthur Wall, the same premises to hold in fee, subject to the fee-farm grant of 16th November, 1847, and the clauses and conditions therein contained, and on the part of the grantor to be...