Estate of Moorehead, Owner; Kirks, Petitioners

• Jurisdiction: Ireland
• Judgment Date: 07 July 1870
• Date: 07 July 1870
• Court: Incumbered Estates Court (Ireland)

L. E. Court.

Before FLANAGAN, J.

ESTATE OF MOOREHEAD,

OWNER;

KIRKS,

PETITIONERS

Chadwick v. Holt 26 L. J. Ch. 76.

Hone v. O'Flahertie 9 Ir. Ch. R. 119, 497.

Sheehy v. The Professional Life Assurance Company 2 Scott's C. B. N. S. 211.

Kenney v. Kenney I. R. 4 Eq. 181.

Younghusband v. GisborneENR 1 De G. & Sm. 209.

In re Keays's Estate I. R. 3 Eq. 659.

13 & 14 Vict. c. 29 — Registration of Judgment as a Mortgage.

VoL. V.] EQUITY SERIES. 5.5 I abstain from expressing an opinion on the question, whether L. E. Court. these palings were or were not a fixture. If they were, of course 1870. an illegal act was done; but the estate is not to be operated, and In re CANNON the creditors made to suffer because the purchaser has neglected to V .STATE'S . adopt the proper course. Solicitor for the Incumbrancer resisting the motion : Mr. Robert Haddock. Solicitors for the Owner having carriage : Messrs. Tyrrell and Stanwell. ESTATE OP MOOREHEAD, OWNER; KIRKS, PETI TIONERS (1). 13 14 Vict. c. 29-Registration of Judgment as a Mortgage. The original judgment entered on a bond and warrant in a penal sum, to secure performance of agreements contained in the condition of the bond, may be registered as a statutable mortgage for the sum stated to be then due in the affidavit for registry, provided that precise sum is afterwards ascertained to be due by verdict and judgment upon a suggestion of breaches. Quare-Could the original judgment be effectually registered for its full amount as a security for future breaches ? THE Ulster Bank, who were incumbrancers upon the schedule, puisne to the Petitioners, disputed their priority, and filed an objection, stating that, upon the 21st of May, 1861, a bond to secure fidelity, with warrant of attorney, was executed by the owner to the Petitioners, that judgment was entered on it in MichaelÂÂÂÂmas, 1864, and that on the 15th of December following, it was registered as a mortgage against the lands sold in this matter, the affidavit to register it stating that the sum of 1269 58. was due ; that on the 23rd January, 1865, proceedings were taken, by suggestion of breaches, and on the 9th of the next December a verdict was obÂÂÂÂtained for the sum of £269 5s., upon which judgment was entered for that sum, on the 8th of January, 1866. The contention of the Ulster Bank was, that, as the sum due on foot of the original judgment was not ascertained, it was not capable of registration under the 13 & 14 Viet. c. 29. L. B. Court. _ 18/0. June 23. July T. (1) Before FLANAGAT...