Doody v Nolan

• Jurisdiction: Ireland
• Judgment Date: 31 January 1877
• Date: 31 January 1877
• Court: Court of Common Pleas (Ireland)

Com. Pleas.

DOODY

and

NOLAN.

Pitman v. WoodburyENR 3 Ex. 11-13.

Boyle v. MonkUNK 7 Ir. C. L. R. 279.

Tobin v. ClearyUNK Ir. R. 7 C. L. 17.

Meara v. Meara 8 Ir. Ch. R. 37.

Gillman v. MurphyUNK Ir. R. 6 C. L. 34.

Tobin v. ClearyUNK Ir. R. 7 C. L. 17.

Horton v. The Westminster Improvement CommissionersENR 7 Ex. 791.

Hill v. The Proprietors of the Manchester WaterworksENR 2 B. & Ad. 544.

Troy v. Kirk Alc. & Nap. 326.

Butler v. SmithUNK 16 Ir. C. L. R. 213.

Clifford v. ReillyUNK Ir. R. 4 C. L. 218.

Earl of Donoughmore v. ForrestUNK Ir. R. 5 C. L. 443.

Taylor v. ChesterELR L. R. 4 Q. B. 309.

The Gas Light and Coke Company v. TurnerENR 6 Bing. N. C. 324.

De Begnis v. ArmisteadENR 10 Bing. 107.

Fisher v. BridgesENR 5 E. & B. 642.

— Assignment without consent of landlord — Convenant to deliver up free from incumbrances — Dependent convenant — Illegality — Estoppel.

VOL. XI.] COMMON LAW SERIES. 23 DOODY v. NOLAN. Com. Pleas. Landlord and Tenant (Ireland) Act, 1860, s. 10-Assignment without consent 1877. of landlord-Covenant to deliver up free from incumbrances-Dependent Jan. 17, 31, covenant-Illegality-Estoppel. To an action of covenant for not delivering up certain lands free from in-cumbrances, the defence was that the lands were in 1853 demised to the Defendant by a lease containing a clause against alienation, and that by a deed made in 1871 (containing the covenant sued on) the Defendant purÂported to assign the lands to the Plaintiff, without the consent of the landlord ; that, consequently, the deed was unlawful and void, and the covenant sued on, being one of the covenants contained in it, was also unlawful and void :Âheld (1), that the covenant was dependent on the deed and fell with it ; (2), that the Defendant was not estopped from pleading the illegality. Gillman v. Murphy, in Q. B. (Ir. R. 6 C. L. 34), acted upon. DEMURRER to the third plea to the several counts of the plaint. The counts (of which there were three) alleged in substance that by deed. of the 18th of February, 1871, the Defendant coveÂnanted with the Plaintiffs to deliver up to the Plaintiffs on the 1st of March, 1875, that part of the lands of Whitehall containing 50 acres then in the possession of the Defendant, free from all incumbrances, save the trusts by the said deed created, but that the Defendant did not on the 1st of March, 1875, or ever, deliver up the lands to the Plaintiffs. Third plea to all the counts was this : "That the...