Crawley v Kennedy

• Jurisdiction: Ireland
• Judgment Date: 19 April 1850
• Date: 19 April 1850
• Court: Queen's Bench Division (Ireland)

Queenƒ€™s Bench

CRAWLEY

and

KENNEDY.

Buckly v. Williamson Cro. Eliz. 325.

Ascue v. Fuljambe Ibid, 233.

Moore v. Forster 5 Cl. B. 220.

Lambert v. CameretENR Comb. 446.

Farran v. Beresford 10 Cl. & F. 336.

Scales v. Jacob 11 Moo. 553.

Hickman v. WalkerENR Willes, 27.

Stratton v. Codd 9 Ir. Law Rep. 1.

Webb v. JamesENR 8 M. & W. 645.

Fortescue v. Mƒ€™Kone 1 J. & Sy. 350.

Tuckey v. HawkinsENR 4 C. B. 654.

Gilman v. Chute 11 Ir. Law Rep. 442.

Barber v. Shore 1 J. & Sy. 610.

Booth v. BoothENR 6 Mod. 288.

Farrell v. GleesonENR 11 Cl. & Fin. 702.

Gilman v. Chute Ubi sup.

Kennedy v. Whaley 12 Ir. Law Rep. 54.

CASES AT LAW. 407 E. T. 1850. Queen's Bench CRAWLEY v. KENNEDY.* April 19. SCIRE FActAs.-The writ recited a judgment in debt on a bond ob- Where to a tamed by the plaintiff against the defendant in Hilary Term, 56 G. 3 scire facias on a judgment (1816), and was in the common form. the defendant pleaded the To this the defendant pleaded Executionem non ; because he Statute of Li- mitations, to saith that a present right to receive the money secured by said which plaintiff replied that judgment in the said writ of scire facias mentioned accrued to the the judgment was obtained plaintiff more than twenty years before the commencement of this a collateral saecurity for the action of scire facias, to wit, on &c., and that at the time when the payment of an annuity se- said right to receive the money secured by the judgment so accrued, icnudreed ntubry an e, aand the plaintiff was a person capable of giving a discharge for and that an arrear of this annuity release of same ; and that no part of the principal money secured by had .accrued within twenty the judgment, nor any interest thereon, was paid at any time within years I Held, on speÂtwenty years from the commencement of the action, and that no cial demurrer, that this was acknowledgment to the right of said principal money, or any part no departure, nor was the thereof, or the interest thereon, or any part thereof, had been given plaintiff estop ped making in writing, signed by any person by whom the same was payable, or such allega- his agent, to any person entitled thereto, or his agent, at any time tion, this repli- cationrbeeiney within twenty years next before the commencement of this action.- the statute Verification. 9 W. 3, c. 10. Held also, the Replication, precludi non ; because the judgment was obtained nploatinbtoiffunvid,aL on a certain writing obligatory of the defendant, bearing date, &c. the fitanCrset to (which said writing obligatory had been destroyed by time and acci- dent), and by virtue of a warrant of attorney, executed, &c. ; by which siitriFeseicsitn in facias. writing obligatory the defendant acknowledged himself' bound to the plaintiff, his executors, &c., in £1400. The replication then set out the condition of the bond, that if the defendant should Pay to the plaintiff, during the life of the defendant, an annuity of £100 on the days and times mentioned in a certain indenture specified therein, and if the defendant should also from time to time well * Coram BLACHBU RuR, C, J., and MOORE, J. 52 L 408 CASES AT LAW. and truly observe, perform and keep all and singular the covenants and agreements on his part to be kept, as comprised in said indenÂture, that the said writing obligatory should be void. It then set out the...