Gilman v Crowly

• Jurisdiction: Ireland
• Judgment Date: 23 November 1857
• Date: 23 November 1857
• Court: Court of Common Pleas (Ireland)

Common Pleas.

GILMAN

and

CROWLY.

Rex v. Longmead 2 Leech, Cr. Cas., 694.

Clooney v. WatsonIR 2 Ir. Com. Law Rep. 58.

Smith v. ParkhurstENR 3 Atk. 136.

Lord Clanricarde's caseENR Hob. 277.

Pray v. EdieENR 1 T. R. 313.

Miller v. SalomonsENR 7 East, 559, 560.

Rex v. The Justices of Bucks 2 Man. & Sel. 230.

Rex v. ScottENR 3 T. R. 603.

The Attorney-General v. The Glass Plate Co.ENR 1 Anst. 39.

Collins v. Hungerford 2 Ir. Jur., N. S., 519.

The Sussex Peerage case 11 C. & Fin. 143.

COMMON LAW REPORTS. 557 M. T. 1857. CommonPleas. GILMAN v. CRAWLY. Nov. 21, 23, THIS was an action of ejectment upon the title, brought for the The word orelperaosleis'o' in recovery of part of the lands of West Inch, in the county , of Cork and tried before Mr. Justice BALL, at the Summer Assizes for that8 8 9 106 s 173iels county, on the 29th of July 1857. The plaintiff, Thomas Gilman, to be construed as bearing its had purchased from his nephew, John Gilman, his interest in the ordinary meaning, and lands, being a term of three lives, still subsisting, and forty years in - therefore, un der the provi reversion ; but the deed of assignment under which the purchase sions of that statute, every was effected, and which was executed in the year 1850, and duly lease, required by law to be in registered, contained an exception of all leases and agreements for writing, must be mad leases then subsisting. Notice to quit, which had expired before deed. e by the bringing of the present action, had been served by the plaintiff upon the defendant, who had been in possession of portion of the assigned premises, as tenant to John Gilman, the former owner. The defendant relied upon the following instrument :-" A memoÂÂ" randum of an agreement between John Gilman, Esq., of Inch, and " Cornelius Crowly, of Dunneens, farmer, showeth, that the said " John Gilman, Esq., doth let unto the said Cornelius Crowly that " part of the lands of Inch late in the possession of the said John "Gilman, Esq., and formerly held by M. Donovan (and others), in " as large a manner as they held it, at the yearly rent of 70 "sterling, to be paid by two payments, on every 29th day of SepÂÂ" tember and 25th day of March ; the first payment thereof to be "made on the 29th day of September next, subject to the rates and "taxes as between landlord and tenant ; the said Cornelius Crowly " to pay the said John Gilman the sum of 30 sterling now in "hand, and 5 sterling on the 1st of May next ; which 35 " the said Cornelius Crowly is to be allowed the last year, when "going...