Ex parte Collins, Re Evans a Bankrupt

• Jurisdiction: Ireland
• Judgment Date: 13 December 1856
• Date: 13 December 1856
• Court: High Court of Chancery (Ireland)

Chancery.

Ex parte COLLINS, In re EVANS a Bankrupt.

In re RyanUNK 3 Ir. Ch. Rep. 33.

Corbett v. De CantillonUNK 5 Ir. Ch. Rep. 126.

Montgomery v. M'EvoyUNK 5 Ir. Ch. Rep. 128, n.

In re PerrinUNKUNK 4 Ir. Ch. Rep. 89, 362; S. C., 2 D. & War. 147.

Minter v. KelcyENR 1 Bing., N. C., 721.

In re RyanUNK 3 Ir. Ch. Rep. 33.

In re PerrinUNKUNK 4 Ir. Ch. Rep. 89, 363; S. C. 2 D. & War. 166.

CHANCERY REPORTS. 17 1856. Chancery. Ex parte COLLINS, In re EVANS a Bankrupt. (Chancery.) Dec. 13. THE petitioner Mr. Collins, being a creditor of Mr. Evans the A trader exe cuted a bond, bankrupt, caused urgent applications to be made to Mr. Evans to with warrant of attorney for pay or secure the sum due. In consequence of these applications, confessing judgment, Mr. Evans, to secure a portion of the debt, on the 4th of December in December 1855. The 1 8 55, executed to the petitioner a bond, with warrant of attorney, warrant was not filed, and conditioned for the payment of 75 and interest on the 4th of June judgment was 1856. The warrant of attorney was not filed, and judgment on the not entered till April 1856, andanaffidavit warrant was not entered until the 21st of April 1856, on which day andana under the 13 judgment was entered up. and 14 Vic., c. 28, was re Mr. Collins, on the 24th of April 1856, made an affidavit in gistered imme diately after pursuance of the statute 13 & 14 Vic., c. 28, stating the amount entering up the judgment. due on foot of the judgment, and stating also certain leasehold lands, The trader subsequently in which the bankrupt was interested. A copy of this affidavit was became a bank- rut.-He/d, duly registered on the said 24th of April 1856. Subsequently to that the secu- g the registration of this affidavit, Mr. Evans became a bankrupt, and rity given by re theregistered affidavit was a charge in the bankruptcy was filed by Mr. Collins, claiming to be not avoided by entitled to a security by way of mortgage on the property mentioned the omission to register the in the affidavit, warrant and enter up judg. The assignee filed a discharge, relying on the provisions of the ment within 3 & 4 Vic., c. 105, ss. 12 & 13, and the 12 & 13 twenty-one 3 Vic., c. 107, S. 111, days. as avoiding the warrant of attorney and the judgment, in conseÂÂquence of the delay in filing the warrant of attorney. The Commissioner (Mr. Plunket) having decided against the claim of Mr. Collins, he presented the present petition by way of appeal. The...