Daniel Linehan and Others, Petitioners; Sir James Laurence Cotter, Bart.(A Minor), and Others, Respondent. Robert Martin, and Others v Sir James L. Cotter, Bart., and Others

• Jurisdiction: Ireland
• Judgment Date: 05 December 1844
• Date: 05 December 1844
• Court: Rolls Court (Ireland)

Rolls.

In the matter of DANIEL LINEHAN and others,

Petitioners;

SIR JAMES LAURENCE COTTER, Bart., a Minor, and others,

Respondent.

ROBERT MARTIN, and others

and

SIR JAMES L. COTTER, Bart., and others.

Collier v. Jenkins You. Exch. Rep. 295.

Taylor v. GormanUNK Fl & K. 567; more fully reported in 4 Ir. Eq. Rep. 500.

Bessonet v. RobinsENR Sau. & sc. 142.

Dyer v. Hargrave 10 Ves. 505.

Rowland v. NorrisENR 1 Cox, 59.

Cann v. CannENR 3 Sim. 447.

176 CASES IN EQUITY. In the matter of DANIEL LINEHAN and others, Petitioners; SIR JAMES LAURENCE COTTER, Bart., a Minor, and others, . Respondents. ROBERT MARTIN, and others v. SIR JAMES L. COTTER, Bart., and others. Tins was an application on behalf of Henry 0. Seward, Esq., the purÂchaser of the lands of Minoss, under the decree in the cause of Martin v. Cotter, that he might be discharged from the purchase of the said lands, with interest and costs as in such cases usual ; or in case the Court should be of opinion that the purchaser ought not to be discharged, then that it might be referred to the Master to inquire and report whether the purchaser was entitled to any and what compensation in respect of one undivided one-fourth of said lands, referred to in the order of the 5th of November 1844. The lands were purchased by Mr. Seward, under the decree, upon the 10th of November 1842, for a sum of £4000, and were described in the rental under which they were sold, as containing 121 acres of mountain, separately from, and over and above, 291 acres set down as in the tenancy of Buckley and Owens, at a yearly rent of £50. 8s.: the whole, including the mountain, was stated to be for four lives, all of which were determined, and for one year in reversion, which would expire on the 1st of June 1843, and that the lands if now let would produce £205 per annum. The purchase was confirmed by order of the 25th April 1843, and the residue of the purchase-money lodged the 23rd November 1843. On the 24th July 1843, a conditional order to let the lands in the pleadings mentioned had been obtained, against which, as regarded the lands of Minoss, cause was shown by persons of the name of Mahony, who claimed a right to a reversionary lease of one-fourth of these lands (not including the mountain) for four lives, to commence after the determination of the former one, under an accepted proposal of the 30th June 1804. By order of the 18th of November 1843, the cause was allowed and a referÂence was directed...