Franks v Mason

• Jurisdiction: Ireland
• Judgment Date: 11 June 1846
• Date: 11 June 1846
• Court: Court of Chancery (Ireland)

Chancery.

FRANKS

and

MASON.

Farrell v. GleesonENR 11 Cl. & Fin. 703.

White v. White 3 Ir. Law Rep. 118, n.

Martin v. M'Causland 3 Ir. Law Rep. 113.

Neate v. Duke of Marlborough 3 M. & Cr. 407.

Farren v. Beresford 10 Cl. F. 319.

Mahon v. Davoren 2 Hud & Bro. 529.

Jefferson v. MortonENR 2 Saund. 9, a. n. 9.

Braithwaite v. Skinner 5 M. & Wel. 313.

Carroll v. Cooke 1 Jebb & S. 33.

Morrough v. Power Longf. & T. 644.

Barnewell v. Barnewell 3 Ridg. P. C. 63.

Adair v. Shaw 1 Sch. & Lef. 243.

Cloncurry v. Piers T. T. 1846, post, p. 407.

Ryan v. CambieUNK 2 Ir. Eq. Rep. 328.

Garrard v. Lord LauderdaleENRENR 3 Sim. 1; S. C. 2 Russ. & M. 451.

Browne v. CavendishUNK 7 Ir. Eq. Rep. 369.

Townshend v. Askew Cited 3 M. & Cr. 410.

Dillon v. PlaskettENR 2 Bli. N. S. 239.

Newman v. FitzgeraldUNK 6 Ir. Eq. Rep. 260.

358 CASES IN EQUITY. 1846. Ciagloscep7. FRANKS v. MASON. June 9,10,11. A revived Jour/ MASON the first, being seised in fee-simple of two estates, one judgment re". called the Cappanahane estate, and the other called the Jackson estate, tains its pri- ority against in Limerick, confessed a judgment in the Court of Common Pleas purchasers in Ireland as of Trinity Term 1811, for the sum of £689. 2d. subsequent to the judgment and costs, to John Bowles Reeves, who also obtained another jridg.. but prior to the revivor. ment of the same Term and the same amount against Richard Mason, It is not ne- eldest son of John the first, both judgments being for the same debt cessary in or and entered up on the joint and several bond of John Mason and der to affect a remainderman Richard Mason. In Trinity Term 1813, J. B. Beeves obtained in the by the revivor same Court two other judgments for the sum of £1400 and coats, of a judgment, that he should against John Mason the first and Richard Mason, which were likewise be served with the sci. fa. entered up on their joint and several bond and warrant of attorney, It is sufficient and were both likewise intended as a security for the same debt. if the tenant for life is By indenture dated the 7th day of October 1813, and executed served. on the occasion of the marriage of Richard Mason with Agnes If there be an irregularity Chute, the Cappanahane estate, except that part called Coolters conÂic the reviving taining 60A. 2a. 10r., was limited to trustees for two long terms, on of a judgment relief must be trusts to raise portions for younger children of the intended mar hter - sought in the liege and the portion of the eldest daug of John Mason the Court of Law, and not as a first, and subject thereto to the use of John Mason the first for life; defence in a suit in equity remainder to Richard Mason for life ; remainder (subject to a to raise the jointure thereby provided for the said Agnes Chute, in the event of judgment. her surviving the said Richard Mason, which did not occur) to the A revivor against the first and other sons of the said Richard and Agnes successively in heir and terre tenants of one tail male, with divers remainders over, and an ultimate remainder estate of the in fee to John Mason. conusor has no operation to By an indenture, dated the 20th day of March 1823, which recited keep the judg- that John Mason the first was desirous to make a provision for his ment alive against ano- younger children, the said John Mason conveyed the Jackson estate, ther estate of his to ori gin ally and also that part of the Cappanahane estate called Coolters, bound by it. trustees, to the use of Richard Hart and Henry Hardinge for five Where a hundred years, and subject thereto to the use that John Mason the bill is filed praying an ac- second (fifth son of John Mason the first) should receive a rent count of the real and per. charge of £100 (which was settled on him for life, with remainders sonal estate of to his issue in succession ; and in default of issue, to sink into the a deceased conusor, it is not necessary, in order to affect purchasers of the lands affected by the judgment, that an etegit should have been sued out. CASES IN EQUITY. 359 inheritance), and subject thereto to the use of Walker Jackson Mason, third son of John Mason the first, for life, with remainder, after a limitation to trustees to preserve contingent remainders, to his first and other sons successively in tail male ; with remainder in like manner to the other sons of John Mason the first (except the said Richard Mason, his eldest son), and their issue male, with an ultiÂmate remainder in fee to John Mason the first. The trusts of the term of five hundred years were declared to be for raising, after the decease of John Mason the first, certain sums in certain events for daughters of John Mason the first, with certain annuities for each of them until such portions should be paid ; and also by sale, demise, or mortgage of the lands comprised in such term, for all or any part of the said term, to raise such furtl* sum of money as should be necessary to pay the several judgment debts then due and owing by the said John Mason the first, and which said judgment debts were particularly specified in a schedule to the deed annexed ; and it was declared to be the true intent and meaning of the said indenture that such debts should be, and the same were thereby declared to be...