DANIEL KEANE, Administrator of THOMAS KEANE deceased, Petitioner; JEMES BARRY, Repondent

• Jurisdiction: Ireland
• Judgment Date: 02 May 1845
• Date: 02 May 1845
• Court: Queen's Bench Division (Ireland)

Queen's Bench.

In the Matter of DANIEL KEANE, Administrator of THOMAS KEANE deceased,

Petitioner;

JEMES BARRY,

Repondent.

Lane v. Mullins 2 A. & E. N. S. 254.

Trevivan v. Lawrence and othersENR 1 Salk. 276; S C. 2 Smith, L. C. 435.

Lambert v. Cameret Comberback, 447.

Day v. GilfordENR 1 Sid. 54.

Rock v. LaytonENR 1 Ld. Raym. 590.

Gilburn v. RackENR 2 Sid. 12.

Hannor v. Mase HObart's Rep. 283.

Margaret Marshall's case Cro. Eliz. 4.

Lessee Cusack v. Croghan Hayes R. 73.

Earle v. Hinton 2 Stra. 732.

Henry v. Jones Al. & Nap. 14.

Carroll v. Cooke 1 J. & Sy. 40.

Adams v. SavageENR 2 Ld. Raym. 1253.

Macnevin Dolphin 4 Ir. Law Rep. 406.

O'Brien v. Fitzgerald 1 Ir. Law Rep. 200

Blacker v. Blake 1 Leg. Rep. 106.

Fletcher v. SteeleUNK 6 Ir. Eq. Rep. 376.

CASES AT LAW. 211 E. T. 1845. Queen' sBench.. In the Matter-of DANIEL KEANE, Admi nistrator of THOMAS KEANE deceased, Petitioner;, JAMES BARRY, . . . . . Respondent. April 29. May 2. THIS case came before the Court on an order of the Lord Chancellor, A having con-bearing date the 3rd of June 1844, whereby he directed that a case fessed a judg- ment, died, should be stated, and the following question should be submitted to and a scire -facialv esainte harye: the Judges : " Whether the judgment in the petition in this matter "mentioned, binds the estate of the respondent James Barry, in-the ing issued at suit of the adÂÂ" lands of Longstown in the petition mentioned ?" e ministrator of The case as settled by the Master, stated that James Barry deceased, the conusee against the and James Barry the respondent, in the year 1821, passed their joint heir and ment tna was of A. terre- s and several bond with warrant of attorney for confessing judgf a s thereon unto Thomas Keane, the father of the petitioner, in the - mooed as te nant of the penal sum of 200. That in Michaelmas Term 1826, Thomas Keane lands, and caused judgment to be entered upon this bond against the said judgment was had upon the James Barry, in the Court of King's Bench. That in the year scire facias. Court that the1830, James Barry, the conusor of this judgment, died, and that Thomas Keane died in 1835, and administration of all the goods and not look be hind the judg chattels of Thomas Keane was granted to the petitioner. That in ment on scire Trinity Term 1843, the petitioner, as such administrator, issued a facias, and that if B had scire facias to revive the said judgment against the heir and terre- any title tohave hveleshadousdld tenants of James Barry deceased; and accordingly said scire facias was issued, directed to the Sheriff of the city of Dublin, who it to the scire returned that there was no heir or heirs, or lands within his baili- . facias wick ; and that thereupon a testatum scire facias was issued to the Sheriff of the county of Cork, returnable on the 25th of May, and moved on in Trinity Term, 6th Vic., whereby the Sheriff was commanded to cause it to be made known to the heir of the said James, and also to the tenants of all and singular the lands and tenements of the...