A Contract, Dated The 27Th March, 1906, for The Sale of A Farm of Land, Between Michael Higgins and James Stephenson; and The Vendor and Purchaser Act, 1874

• Jurisdiction: Ireland
• Judge: M. R.
• Judgment Date: 10 July 1906
• Court: Chancery Division (Ireland)
• Docket Number: (1906. No. 608.)
• Date: 10 July 1906

In The Matter of A Contract, Dated The 27th March, 1906, For The Sale of A Farm Of Land, Between Michael Higgins and James Stephenson; and In The Matter of The Vendor and Purchaser Act, 1874.

M. R.

(1906. No. 608.)

CASES

DETERMINED BY

THE CHANCERY DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND

AND BY

THE IRISH LAND COMMISSION,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL.

1906.

Vendor and purchaser — Title — Sale of leaseholds by administrator — Lapse of twenty years since death of intestate Possession of next-of-kin — Administrator's power to sell.

Held, that the vendor could not make title without the concurrence of the next-of-kin.

Summons.

This was an application by Michael Higgins for a declaration (1) that good title had been made to the premises comprised in the contract for sale in accordance with the conditions of sale. (2) That the requisitions of James Stephenson had been sufficiently answered, and that the costs of and incidental to the application should be provided for.

The facts of the case were as follows:—

William Higgins, father of Michael Higgins the vendor, held a farm of land, known as Ivy Lodge, in the Barony of Granard and county of Longford, containing 17a. 3r., statute measure, held under a lease for a term of thirty-one years, from March 25th, 1857, subject to the yearly rent of £15.

William Higgins died on November 17th, 1883, intestate, leaving Anne M. Higgins, his widow, and several children, amongst whom were William C. Higgins and Michael Higgins. On March 17th, 1884, Anne M. Higgins took out administration to William Higgins; she died on November 1st, 1890. After her death William C. Higgins entered into possession of the farm, and remained in possession till his death on August 25th, 1895. On August 3rd, 1892, William C. Higgins purchased the fee-simple of the farm under the Land Purchase Acts, and was registered as the proprietor thereof, subject to equities, under the Local Registration of Title (Ireland) Act, 1891. William C. Higgins became a bankrupt in the month of February, 1895. The farm was not treated as property of William C. Higgins, as he made a declaration that he held it as trustee for himself and his brothers and sisters. On March 15th, 1906, Michael Higgins took out administration de bonis non to his father, William Higgins, and also took out administration to his brother William C. Higgins. The farm was put up for sale by auction by the direction of Michael Higgins, subject to particulars and conditions of sale, which stated that the farm was the property of Michael Higgins, as representative of William Higgins, deceased, and held in fee-simple, subject to an annuity of £7 17s. 4d., payable to the Irish Land Commission for a certain number of years. The farm was purchased by George F. Montgomery, solicitor, in trust for James Stephenson, for the sum of £715.

The conditions of sale material to the case were as follows:—

“(6) The premises were purchased under the Land Purchase Acts in the name of William C. Higgins, deceased, but it...