FORDE, Petitioner; BREW Respondent. and the Renewable Leasehold Conversion Act

• Jurisdiction: Ireland
• Judgment Date: 13 January 1866
• Date: 13 January 1866
• Court: Rolls Court (Ireland)

Rolls.

In the Matter of FORDE,

Petitioner;

BREW

Respondent.

And the Renewable Leasehold Conversion Act.

CHANCERY REPORTS, BEING A SERIES OF CASES ARGUED AND DETERMINED IN THE HIGH COURT OF CHANCERY, COURT OF APPEAL IN CHANCERY, Pits art, faith gstaits out, AND COURT OF BANKRUPTCY AND INSOLVENCY. In the Matter of FORDE, Petitioner; BREW, Respondent. 1865. And the Renewable Leasehold Conversion Act. Rolls. Nov. 16. (In the Rolls.) 1866. Jan. 13. THE petition was presented under the Renewable Leasehold ConÂÂversion Act, for a fee-farm grant of seven acres of the lands of Newtown East, in the county of Clare, under the following cirÂÂcumstances, which were stated in the petition :-The respondent Francis Brew sent to the petitioner Thomas Forde the following proposal:- " DEAR THOMAS-As my property is a mere waste for the last five years, and under the Courts, and quite out of my power to get any redress, as I cannot afford to get 6 or 8 which my One seized of a farm for lives renewable for ever, entered into a contract in writing after the passing of the Renewable Leasehold Conversion Act, to give a part of the farm for the same term as he held himÂÂself. He afterÂÂwards obtained a fee-farm grant of the entire farm. The Court refused, on petition under the Act, to make an order that he should execute a fee-farm grant of the land included in the contract; but directed the matter to stand over, with leave to file a cause petition to enforce it. A contract made after the passing of the Renewable Leasehold Conversion Act, by a person seised for lives renewable for ever, to grant a lease for the same term as he holds himself, does not operate as an agreement for a fee-farm grant. vol. 17 1 2 CHANCERY REPORTS. 1865. attorney now requires. If you have the kindness to advance Rolls. this sum for me, I will give you, when the case is decided, seven FORDE acres of my farm, at the same rent, poor-rates and taxes, that v. BREW. I hold it myself at, and will not require any profit of you ; but that the said seven acres shall be subject to the same liabilities Statement. with the rest of the farm ; and I will also give you and your heirs the same term of it that I have myself-three lives renewable for ever ; and I will give you that part formerly willed by my grandfather James Brew to his daughter Eliza Brew as the same seven acres." That proposal was signed by the respondent Francis Brew, and was dated the 13th of April 1851. The petitioner accepted the said proposal, and on the 14th of April 1851 paid the sum of 5...