David Alexander Traill Christie and Gerard Van De Linde, Grantors; Charles H. Peacocke, Grantee

• Jurisdiction: Ireland
• Court: Land Commission (Ireland)
• Judgment Date: 25 April 1892
• Date: 25 April 1892

Land Com.

Before BEWLEY, J., and FITZ GERALD Commissioner.

DAVID ALEXANDER TRAILL CHRISTIE AND GERARD VAN DE LINDE, GRANTORS;

CHARLES H. PEACOCKE, GRANTEE

— Grantee under a fee-farm grant — Conveyance in fee subject to rentcharge.

646 LAW REPORTS (IRELAND). [L. R. I. Land Corn. 1892. DAVID ALEXANDER TRAILL CHRISTIE AND GERARD VAN DE LINDE, GRANTORS; CHARLES H. PEACOCK1 , GRANTEE (1). April 20, 25. _Redemption of Rent (Ireland) Act, 1891 (54 4- 55 Viet. c. 57, a. 1)-Grantee under a fee farmgrant-Conveyance in fee subject to renteharge. A granted certain lands to B, his heirs and assigns, to the use that A, his heirs, and assigns should for ever receive out of the lands granted the yearly rent of £45. The deed contained powers of distress and entry limited by way of use, and an ultimate limitation to the use of B, his heirs, and assigns for ever ; also covenants for title by the grantor, and a covenant by the grantee for payment of the yearly rent and a power to redeem the rent wholly or in part. B, being in occupation of the lands, served an originating notice to redeem the rent under the Redemption of Rent (Ireland) Act, 1891. Held, that B was not a " grantee under a fee-farm grant" within the meanÂing of the Act, and had not the status necessary to entitle him to maintain his originating notice. APPLICATION by the grantors, to set aside an originating notice served by the grantee. Craig, Q. C., for the grantors. Wakely, for the grantee. The facts of the case and the arguments of counsel are stated in the judgment of Bewley, J. April 25. BEWLEY, IL :- This was an application on the part of the grantors that the originating notice served by the grantee under the provisions of the Redemption of Rent (Ireland) Act, 1891, should be set aside on the ground that the deed dated the 5th August, 1879, referred to in the originating notice is not a fee-farm grant within the meaning of the 1st section of the Act. (1) Before BEWLEY, J., and FiTzGERAro, Commissioner. VOL. XXX.] Q. B. & EX. DIVISIONS. 647 By an indenture dated the 5th August, 1879, made between Land Cam Mary Wilhelmina Peacocke (the predecessor in title of David A. T. 1892. Christie and Gerard Van de Linde) of the one part, and Charles CHRISTI, H. Peacocke of the otherpart, certain lands and hereditaments PEA COCK& situate in the County of Wexford were conveyed by Mary Bewley, J. Wilhelmina Peacocke to Charles H. Peacocke in fee-simple in consideration of a perpetual yearly rentcharge...