Francis M. Biddulph v Arthur Molloy

• Jurisdiction: Ireland
• Judgment Date: 04 February 1840
• Date: 04 February 1840
• Court: Rolls Court (Ireland)

Francis M. Biddulph

and

Arthur Molloy.

CASES

IN THE

COURTS OF CHANCERY, ROLLS, AND

EQUITY EXCHEQUER.

CHANCERY.

POSSESSORY BILL — PRACTICE.

Mr. Wm. Smith, on behalf of the plaintiff, moved for an injunction, directed to the defendant, and all persons acting under him, to restore to plaintiff the possession of that part of the lands of Rathrobin mentioned in the bill, with the appurtenances, belonging to plaintiff, and, from time to time to quiet him, and those deriving under him in such actual possession, until the plaintiff should be evicted by due course of law; and in default of his so doing, that an injunction might issue, directed to the Sheriff of the King's County, requiring him to restore the plaintiff, and from time to time to quiet him and those deriving under him in the actual, quiet, and peaceable possession of said lands and premises. The bill, as verified by the plaintiff's affidavit stated, that the plaintiff having been for five years and upwards, then last past, seized, under and by virtue of a lease for lives still subsisting and renewable for ever, of and in the lands of Rathrobin, in the King's County, part of said lands were held by the defendant, as tenant to the plaintiff, under a lease for the term of two lives, of which the life of the defendant only was then subsisting, at a certain yearly rent, payable to the plaintiff by the defendant; and that the defendant having suffered the yearly rent so payable to plaintiff to run in arrear, the plaintiff, as of Michaelmas Term, 1838, brought his ejectment for non-payment of rent, to which the defendant took defence, but afterwards gave a consent for judgment; upon which the plaintiff obtained judgment as of Easter Term, 1839, and on the 8th of May last issued an habere directed to the sheriff of the King's County, which was executed, and possession delivered to the plaintiff on the 29th of the same month. That no part of the rent, for the non-payment of which the ejectment was brought, had been since paid. That the plaintiff having obtained such possession, and the time for redemption having expired, the defendant, on the 30th of December last, fraudulently and by force, took possession of the said lands of Rathrobin, containing 65 acres, with the appurtenances; and the defendant and his assistants or servants had ever since, fraudulently and by force kept, and still detained the possession of the said lands, without any manner of title, and refused to deliver up the same...