Colreavy v Colreavy and Keenan [High Court.]
| Jurisdiction | Ireland |
| Judgment Date | 01 January 1940 |
| Date | 01 January 1940 |
| Court | High Court |
- Transfer by registered owner whose registration was fraudulently procured - Validity of transfer - Whether transfer voluntary or for valuable consideration - Covenant by transferee to support and maintain transferor for life - Transferee registered as owner - Claim by purchaser under prior unregistered deed for amendment of register - Whether register should be amended - Local Registration of Title (Ir.) Act, 1891 (54 55 Vict. c. 66), ss. 34, 35, 36, 44.
By a deed of conveyance, expressed to be made in consideration of an agreement by the grantee to reside with and care for the grantor and in consideration of natural love and affection, certain freehold registered lands were granted by the then registered owner, the defendant, M.C., to her cousin, the defendant, J.K., "subject to and charged with the right of" M.C. "to reside in the dwelling-house upon the said lands and to be supported, clothed, kept and maintained therein during her lifetime"; the deed contained a covenant by J.K. to reside with and "care for, support, clothe, keep and maintain" M.C. "in a fit and proper manner during her lifetime."Under a prior, unregistered deed of marriage settlement, M.C. was joint tenant of these lands with her husband, the plaintiff; her registration as full...
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