Fitzgibbon v Pike

• Jurisdiction: Ireland
• Judgment Date: 29 November 1880
• Date: 29 November 1880
• Court: Common Pleas Division (Ireland)

C. P. Div.

Before MORRIS, C. J., and ;LAWSON, J.

FITZGIBBON

and

PIKE.

Duncan v. CashinELR L. R. 10 C. P. 554.

Gore v. KnightENR 2 Vern. 535.

Maloney v. KennedyENR 10 Sim. 254.

Darkin v. DarkinENR 17 Beav. 578.

Rich v. Cockell 9 Ves. 369.

Grant v. GrantENR 34 Beav. 623.

Graham v. LondonderryENR 3 Atk. 395.

M'Fadden v. JenkynsENR 1 Hare, 461.

Re Brymer's TrustsUNK 24 L. T. (N. S.) 263.

Massy v. RowenELR L. R. 4 H. L. 288.

Caton v. Rideout 1 M'N. & Gor. 599.

Hulme v. Tenant 1 Wh. & T. L. Cas. (5th ed.) 591.

Lucas v. LucasENR 1 Atk.270.

Graham v. LondonderryENR 3 Atk. 393.

Husband and wife Separate estate Savings Gift of chattels to married woman.

Tn. VI.] Q. B., C. P., & EX. DIVISIONS. time of completion, is well pleaded ; and showing a delay beyond the time fixed in the contract for completion of the works, and a failure of progress in the finishing, shows a good defence. I think the demurrer to this plea ought to be overruled. Demurrer to 9th paragraph of statement of defence allowed. Demurrer to 12th paragraph of statement of defence overruled. 487 Ex 1880. MORAN & HOLMES v. DUNDALK, &c., RAILWAY CO. Solicitors for the Plaintiffs : .1111 Gough 8f Fowler. Solicitor for the Defendants : R. A. lifacrory. FITZGIBBON v. PIKE (1). (P. Div. Husband and wife-Separate estate-Savings-Gift of chattels to married 1880. woman. Nov. 16, 29. The savings of the income of lands settled to the separate use of a married woman, and chattels purchased by her out of such income, are prima fade her separate property. The mere gift of chattels to a married woman residing with her husband will not, in the absence of some expression of intention by the donor, enure for her separate use, so as to displace the husband's marital right to them, or withdraw them from liability to the claims of his creditors. The dictum of Lord Hardwicke, in Graham v. Londonderry (3 Atk. 393), explained and distinguished. INTERPLEADER ISSUE as to the property in certain cattle, farm ing-stock, horses and carriages, which had been taken in execution at the lands of Mount Shannon, under a judgment against the Hon. Mr. Fitzgibbon, and which were claimed by his wife, Lady Louisa Fitzgibbon, as her separate property. The execution creditors, Defendants in the interpleader issue, were the trustees of an Insurance Co., carrying on business in London, and the judgment had been recovered on a deed of security for money lent to Mr. Fitzgibbon, in which Lady Louisa Fitzgibbon, the Plaintiff in the issue, joined. (1) Before MORRIS, C. 3., and lawsolf, J. 488 LAW REPORTS (IRELAND). [L. R. I. C. P. Div. The case was tried before the Lord Chief Baron, at the Easter 1880. Sittings, 1880. FITZGIBBON It was proved at the trial that the Plaintiff became, in 1873, PIRE. entitled, for her separate use, to landed estates in Ireland of large extent, including the Mount Shannon estate, and in the year 1874 she went to reside at Mount Shannon. The Plaintiff was examined as a witness, and deposed that, from the time of her...