Field, Deceased. Fields v Field

JurisdictionIreland
Judgment Date25 January 1918
Date25 January 1918
CourtCourt of Appeal (Ireland)

FIELD, DECEASED.

FIELDS
and

FIELD.

Appeal.

Statute of Limitations, Realty — Rent accrued after extinction of title to tenancy — 3 & 4 Wm. 4, c. 27, ss. 3, 34; 37 & 38 Vict. c. 37, s.1; 23 & 24 Vict. c. 154, s. 14.

Adnam v. SandwichELR 2 Q. B. D. 485.

Adnam v. The Earl of SandwichELR 2 Q. B. D. 485, at p. 490.

Carr v. London and North-Western Railway Co.ELR L. R. 10 C. P. 307, at pp. 316, 317.

Irish Land Commission v. WhiteIR [1896] 2 I. R. 410, at pp. 416, 417.

Irish Land Commsission v. WhiteIR [1896] 2 I. R. 410.

Nisbet and Potts' ContractELR [1905] 1 Ch. 391.

O'Connon v. FoleyIR [1906] 1 I. R. 20.

O'Connor v. FoleyIR [1906] 1 I. R. 20.

Pitcher v. ToveyENR 1 Salk. 81.

Powell v. AdamsonIR [1895] 2 I. R. 41.

Powell v. AdamsonIR [1895] 2 I. R., at p. 53.

Rankin v. M'MurtyUNK 24 L. R. Ir. 290.

Taylor v. ShumUNK 1 B. & P. 21.

Taylor v. Shum 1 Bos. & F. 21.

The Incorporated Society v. Richards 1 Dr. & W. 258.

Tichborne v. WeirUNK 67 L. T. 735.

Tichborne v. WeirUNK 67 L. T. N. S. 735.

Tichborne v. WeirUNK 69 L. T. N. S. 735.

Tovey v. PitcherENR Carth. 177.

Appeal. FIELD, DECEASED. 1917. FIELDS v. FIELD. Statute of Limitations, Realty—Rent accrued after extinction of title to tenancy-3 & 4 Wm. 4, c. 27, ss. 3, 34 ; 37 & 38 Viet. c. 37, s. 1; 23 & 24 Viol. c. 134, s. 14. A. became owner by assignment in 1900 of a tenancy from year to year, and paid the rent due to his landlord until his death in 1914. During the whole of that period he had allowed B. to remain in possession of the premises without paying any rent or giving any acknowledgment of A.'s title. The landlord having made a claim in the administration of A.'s estate for rent accrued due subsequent to his death : Held, 1 (by the Court of Appeal, reversing the decision of O'Connor M.R. on this point), that the landlord was not entitled to recover any rent which accrued after A.'s interest had been destroyed by force of the Statutes of Limitation ; 2 (by O'Connor M.R. and the Court of Appeal), that the tenancy did not form part of A.'s assets. SUMMONS. John Field, the deceased in this matter, in the year 1900 purchased certain premises, held as a yearly tenancy on the estate of the Earl of Darnley, from the assignees in bankruptcy of Margaret Ryan, the former tenant, and the premises were duly assigned to him on the 14th June, 1900. From that date until his death in 1914 John Field paid the rent due to the landlord, but he never got up possession from the former tenant, who reÂmained in possession for more than twelve years without ever paying any rent or giving any acknowledgment of his title. In the administration of John Field's estate the trustees of the will of the Earl of Darnley made a claim for two and a-half years' rent of the premises, due to the 1st May, 1917. The chief clerk having disallowed the claim, the present summons was brought for an order that the chief clerk's certificate might be varied by reÂinserting and allowing the said claim, and by setting out the said premises as part of the outstanding estate of the deceased: Cecil Fforde, for the applicants, the trustees of the will of the Earl of Darnley. VOL. I.] CHANCERY DIVISION. 141 Poole, for the plaintiff : The estate of the deceased in these premises was destroyed by force of the Statutes of Limitation : there is now no privity of estate between the personal representatives of the deceased and the applicants ; they have, therefore, no right to bring what is in effect an action of debt against his estate. The action of debt is based on privity of estate : Tovey v. Pitcher (1). No notice of assignment, as provided by sect. 14 of Deasy's Act, could have been given, because there was no assignment. [He referred to Rankin DP/Ifurty (2) ; Tichborne v. Weir (3); Adnam v. Sandwich (4) ; Taylor v. Shuns (5) ; Irish Land Commission v. White (6); O'Connor v. Foley (7).] E. S. Murphy, for the defendants. Cur. adv. vult. O'CONNOR M.R. In this matter a claim was brought in against the estate of the deceased by the trustees of the Earl of Darnley for rent due out of premises in the village of Ballivor, County Meath, held by the deceased as a yearly tenant to the trustees. The amount involved is small, but the claim involves a nice question of law. The premises were formerly held by one Margaret Ryan from the Earl of Darnley or his trustees, under a yearly tenancy subject to the yearly rent of £7 18s. The tenant became a bankrupt in or about the year 1900, and the tenancy was put up for sale in the Bankruptcy Court and purchased by the deceased in this matter, and a conveyance of the tenancy was made to him on the 14th June, 1900, by the official assignee. There was then some rent in arrear due to Lord Darnley or his trustees, but this was cleared off up to the 1st May, 1900. From that date down to the 1st November, 1914, the rent was paid by the deceased to Lord Darnley's trustees, and their claim now is for rent which has since accrued due. So far there is no complication, but it appears that, although the deceased got a conveyance of the (1) Carth. 177. (2) 24 L. K. Ir. 290. (3) 67 L. T. N. S. 735. (4) 2 Q. B. D. 485. 1918—VOL. I. (5) 1 B. & P. 21. (6) [1896] 2 I. R. 410. (7) [1906] 1 I. R. 20. 142 THE IRISH REPORTS. [1918. Appeal. premises in 1900 and paid his purchase-money, and out of his own 1917. moneys kept down the rent payable to Lord Darnley's trustees, he FIELDS did not get up possession from the bankrupt, who was in occupaÂFIELD. tion, exacted no rent from her, and never got from her any O'Connor acknowledgment of title, with the result that she or her successors M. P' title have now a good title under the Statute of Limitations as against the deceased's representatives ; and the title of the deceased became barred before the rent claimed became due. This, it is said, affords a good answer to the claim, because the deceased became liable for the rent only as assignee of the tenant's estate, and was only liable so long as that estate remained vested in him, and ceased to be liable when he lost the estate under the...

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