F.F. v C.F.

JurisdictionIreland
Judgment Date01 January 1987
Date01 January 1987
CourtHigh Court
(H.C.)
F.F
and
C.F

Order for sale in lieu of partition - Whether jurisdiction to make order extant - Repeal of statutory power by statute law revision legislation - Whether power existed prior to statutory power - Effect of statute law revision - Act for Joint Tenants, 1542 (c. 10) - Statute Law Revision (Pre-Union Irish Statutes) Act, 1962 (No. 29), s. 2(1). Statute - Statute law revision - Effect of legislation - Partition of land - Order for sale in lieu - Act for Joint Tenants, 1542 (c. 10) - Statute Law Revision (Pre-Union Irish Statutes) Act, 1962 (No. 29), s. 2(1).

The plaintiff husband sought an order for sale of a matrimonial home which comprised a dwellinghouse which the parties held as joint tenants in equal shares under and by virtue of an indenture of lease with Dublin Corporation. The President of the Circuit Court held that he had power to make an order for sale of the matrimonial home in lieu of partition and so ordered, notwithstanding the repeal of the Act for Joint Tenants, 1542, in which the right of partition had its origin, by the Statute Law Revision (Pre-Union Irish Statutes) Act, 1962. The defendant appealed to the High Court. It was agreed by the parties that the point of law as to whether the trial judge was empowered to make an order for sale of the property, should be argued and decided by way of preliminary issue. The appellant contended that the plaintiff's right as joint tenant...

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6 cases
  • Irwin v Deasy
    • Ireland
    • High Court
    • 1 March 2004
    ...1984/8/2595 JOINT TENANTS ACT 1542 STATUTE LAW REVISION (PRE-UNION IRISH STATUTES) ACT 1962 LYALL LAND LAW IN IRELAND 2ED 2000 446 F V F 1987 ILRM 1 STATUTE LAW REVISION (PRE-UNION IRISH STATUTES) ACT 1962 S2(1) WHITE & TUDOR LEADING CASES IN EQUITY 7ED 1897 199 DAVENPORT V KING 1883 49 LT......
  • Irwin v Deasy
    • Ireland
    • Supreme Court
    • 13 May 2011
    ...DEASY 2006 2 ILRM 226 2006/30/6354 2006 IEHC 25 PARTITION ACT 1542 STATUTE LAW REVISION (PRE-UNION IRISH STATUTES) ACT 1962 F (F) v F (C) 1987 ILRM 1 SUPREME COURT OF JUDICATURE (IRELAND) ACT 1877 JUDGMENT MORTGAGE (IRELAND) ACT 1850 S7 REGISTRATION OF TITLE ACT 1964 S71(4) PARTITION ACT 18......
  • M.C v B.S
    • Ireland
    • High Court
    • 17 June 2008
    ...would then have the option of accepting that valuation or not. Reporter: R.F. O'D v O'D UNREP MURPHY 18.11.1983 1984/8/2595 F (F) v F (C) 1987 ILRM 1 1986/6/550 JOINT TENANTS & TENANTS IN COMMON ACT 1539 (UK) JOINT TENANTS FOR LIFE OR YEARS ACT 1540 (UK) JOINT TENANTS ACT 1542 PARTITION OF ......
  • C.K. v C.K.; Re P.K. and C.K.
    • Ireland
    • High Court
    • 1 January 1994
    ...BLAYNEY 7.2.86 1987/2/371 ADOPTION (NO 2) BILL 1987 1989 ILRM 266 BURKE V AG & ANOR 1972 IR 36 D & D, STATE V G & ORS 1990 ILRM 10 F V F 1987 ILRM 1 DPP V QUILLIGAN 1987 ILRM 606 SAUNDERS V MIDLAND HEALTH BOARD UNREP SUPREME 23.6.87 R (L) V R (D) UNREP COSTELLO 2.4.92 1992/4/936 S, IN RE......
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