GREGG & Company v JAMES BOYD and Others

• Jurisdiction: Ireland
• Judge: Barton J.
• Judgment Date: 09 June 1914
• Date: 23 June 1914
• Court: Chancery Division (Ireland)

Gregg & Co.

and

James Boyd and Others.

Barton J.

CASES

DETERMINED BY

THE CHANCERY DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND

AND BY

THE IRISH LAND COMMISSION,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL.

1915.

Judgment Mortgage — Affidavit of Ownership — Statement of Barony — Barony divided into two parts under County Treasurers (Ireland) Act, 1823 (4 Geo. 4, c. 33), s. 17 — Judgment Mortgage (Ireland) Act, 1850 (13 & 14 Vict. c. 29), s. 6.

An affidavit for the purpose of registration of a judgment under the provisions of the Judgment Mortgage Act, 1850 (13 & 14 Vict. c. 29), stated that the lands of the debtor were situated in the barony of Upper Iveagh, and county of Down. The barony of Upper Iveagh had been divided into two parts by the grand jury of the county at the Spring Assizes of 1824, in accordance with the powers conferred on them by section 17 of the County Treasurers (Ireland) Act of 1823. These two parts or divisions were known as Upper Iveagh, Upper Half, and Upper Iveagh, Lower Half.

Held, that the division of the barony of Upper Iveagh into two parts did not constitute these parts distinct baronies, and that, therefore, the lands of the debtor were properly described in the judgment creditors' affidavit situate in the barony of Upper Iveagh.

Trial of Action.

The plaintiffs, by their statement of claim, asked for a declaration that the sum of £179 7s. 3d., with interest and costs, was well charged upon the interest of the defendant James Boyd in the lands of Moneynabane, in the parish of Dromara, barony of Upper Iveagh, and county of Down.

By her defence, the defendant Sarah Boyd (trustee for her husband, the defendant James Boyd) pleaded, inter alia:—

1. When registering the said judgment in the Registry of Deeds as a mortgage, the plaintiffs did not comply with the provisions of the 6th section of the Judgment Mortgage Act, 1850 (13 & 14 Vict. c. 29).

2. The affidavit to register said judgment as a mortgage does not contain an accurate description of the lands sought to be affected, in that the barony in which said lands are situated is wrongly stated to be the barony of Upper Iveagh, and at the hearing of this case the defendant, Sarah Boyd, will contend that the said registration is therefore null and void.

The following facts were proved or admitted at the trial:—

The plaintiffs, on the 15th November, 1912, obtained and entered up a judgment in the King's Bench Division of the High Court of Justice in Ireland against the defendant, James Boyd, for the sum of £173 11s. besides the sum of £5 16s. 0d. for costs, and on the 23rd November following the plaintiffs filed in the King's Bench Division an affidavit which contained the following statement:—“I further say that, to the best of my knowledge and belief, the said James Boyd is, at the time of swearing this affidavit, seised or possessed of, at law or in equity, or has disposing power which he may without the assent of any other person exercise for his own benefit over, certain lands, tenements, hereditaments, and premises hereinafter mentioned that is to...