Fullerton v Provincial Bank of Ireland

• Jurisdiction: Ireland
• Court: House of Lords (Ireland)
• Judgment Date: 03 July 1903
• Date: 03 July 1903

H. L.

Before Lords Macnaghten, Shand, Davey, and Lindley

FULLERTON AND ANOTHER, APPELLANTS; PROVINCIAL BANK OF IRELAND, RESPONDENTS.

ELR [1903] A. C. 309.

— Equitable mortgage — Deposit — Antecedent letters — Agreement in writing.

VoL. I.] CHAN CElt Y DIVISION. 483 FULLERTON AND ANOTHER, APPELLANTS ; PROVINCIAL L. BANK OF IRELAND, RESPONDENTS. 1903. July 3. Registry Act (6 Anne, Ir., c. 2)—Equitable mortgage—Deposit—Antecedent letters—Agreement in writing. Held, reversing the decision of the majority of the Court of Appeal in In re Stevenson's Estate ([1902] 1 I. R. 23), that the letters amounted to an agreement to create an equitable charge upon the estate, and in default of registration ranked after the mortgage to the appellants (objectors in the Court of the Land Commission). APPEAL by Messrs. Stevenson and Fullerton from the judgÂment of the Court of Appeal ([1902] 1 I. R. 23). Wylie, KC., and Henry, K.C. (with them R. E. Osborne), for the appellants. The Solicitor-General (Campbell, K. C.), and Gordon, K. C. (with them G. W. Walker), for the...