Cullen v Cullen

• Jurisdiction: Ireland
• Judgment Date: 10 July 1962
• Date: 10 July 1962
• Docket Number: (1960/74 P.)
• Court: High Court

(H.C.)

Cullen

and

Cullen

Family dispute - Father's action for injunction to restrain trespass by sons - Discretion - Father's purported informal transfer of lands to mother - Residence built on the lands by son at mother's invitation andwith father's permission - Father's attempt to exclude son from lands and house - Father estopped by conduct from denying son's title to site of house.

The plaintiff had built up a successful business at Enniscorthy and Adamstown, Co. Wexford. He lived with his family in his premises at Adamstown where he carried on the business of a licensed grocer and merchant. There was also a small farm attached to the business. The eldest son, S., left school in 1945 and joined his father in the business, and the second son, M., did likewise in 1946. A younger son, P., worked in the business from 1954. From about 1945 onwards a series of family quarrels commenced between the father on one side and the mother and sons on the other. In 1952 the plaintiff first accused his wife and children of robbing him. In 1954 S. left the house and set up in business on his own...