Handcock v Handcock

• Jurisdiction: Ireland
• Judgment Date: 29 April 1848
• Date: 29 April 1848
• Court: Court of Common Pleas (Ireland)

Common Pleas.

HANDCOCK

and

HANDCOCK.

Barrow v. Gray Cro. Eliz. 551.

Ross v. Pope Plowd. 72.

Hyde v. Morley Cro. Eliz. 40.

Payler v. HomershamENR 4 M. & S. 423.

Butcher v. Butcher 1 Bos. & P. N. R. 113.

Hutchinson v. SavageENR 2 Ld. Raym. 1306.

Hodges v. Smith Cro. Eliz. 623.

Smith v. MaplebackENR 1 T. R. 446.

Burgh v. PrestonENR 8 T. R. 486.

Ayloffe v. ScrimpshireUNKENRENR 1 Show. 46; S. C. Comb. 123, 124; S. C. 2 Salk. 473.

Thimbleby v. BarrowENR 3 M. & W. 210.

Forde v. Beach 12 Jurist.

Ross v. Pope Plowd. 72.

Lampet's caseUNK 10 Rep. 47.

Neate v. Duke of Marlborough 3 Myl. & Cr. 417.

Hartley v. O'Flaherty Ll. & G. temp. Plunket, 208.

Harbert's caseUNK 3 Rep. 14, b.

Ross v. Pope Plowd. 72.

Kene v. Barry 8 Ir. Law Rep. 211.

Humfrey v. Harneage Cro. Eliz. 756.

D'Arcy v. Chambers 1 Sch. & Lef. 474.

Brace v. Duchess of MarlboroughENR 2 P. Wms. 490.

Lampon v. CorkeENR 5 B. & Ald. 611.

Lindo v. LindoENR 1 Beav. 496.

Upton v. UptonUNK 1 Dowl. P. C. 400.

Humfrey v. Harneage Cro. Eliz. 756.

CASES AT LAW. 565 E. T. 1848. CommonPleas. HANDCOCK v. HANDCOCK.* (Common Pleas.) Tars was a case sent by the Commissioners for hearing causes in Chancery, for the opinion of the Judges of the Court of Common Pleas, upon the following state of facts : Previously to and in the year 1824 William Henry Handcock, being seised of an estate in tail male in possession in certain lands called Carrintrilly, &c., in the county of Galway, several judgÂÂments were in Trinity Term in that year obtained against him, viz., firstly, one in the penal sum of 1500 by John Egan and Henry Derinzy; secondly, one by the same John Egan in the penal sum of 2000 ; thirdly, one by Thomas Gillespie in the penal sum of 600 ; fourthly, one by Elias Robinson Handcock in the penal sum of 290 ; and fifthly, another by the same person in the same amount. The firstly named judgment, having by assignment become vested in Cecilia Mangan, ultimately devolved, as did also that secondly named, upon Sarah Egan as executrix of James Egan, in whom both of those judgments had been duly vested by assignment. The thirdly named judgment became vested in Henry Richard Gillespie, as administrator of Thomas Gillespie. The fourthly and fifthly named judgments, by assignment of the 20th of September 1824, were vested in Patrick Hanbury ; and by further assignment of the agreed to lend to W. H. 2000 upon mortgage of his fee in Blackacre, and of his life estate in Whiteacre, provided the judgment creditors of 1824 would release Blackacre from their judgments, to which they assented, and then (1829) executed a deed poll, which recited that W. H. being desirous to have Black-acre clear of incumbrances, had requested the judgment creditors of 1824 to release it from the incumbrances thereupon by their judgments, and that they, being satisfied tbat the residue of W. H.'s lands were a sufficient security for their judgments, agreed thereto ; and by the operative part they released, exonerated, and for ever discharged Blackacre from their respective judgments, and from all writs of execuÂÂtion and executions, and every other writ then sued out, or thereafter to be sued out, against Blackacre, by virtue of their respective judgments or otherwise in relation thereto ; and they agreed (for their respective judgments only) to indemnify W. H. for all costs, damages and expenses which should at any time be incurred by reason of Blackacre being attached in execution under those judgments. Afterwards W. H. executed the proposed mortgage to E. Held, that the legal operation and effect of the deed poll of 1829 was to exonerate Whiteacre as well as Blackacre from the rights and remedies of the judgment creditors of 1824. * BALL, J., was absent during the greater part of this Term, being engaged in holding the Cork Spring Assizes, which commenced on the 1st of April, and did not terminate until the 2nd of May. 566 CASES AT LAW. 14th of June 1827, were vested in William Burke, and ultimately vested in the Rev. Dr. M`Hale as his executor. All these judgÂÂments had been duly redocketed under 9 G. 4, c. 35 ; and in Michaelmas Term 1844 the two first named judgments were revived by Sarah Egan against the co-heiresses of William Henry Handcock and the terretenants of the lands of Carrintrilly, &c. Subsequently to the rendition of the judgments of Trinity Term 1824, by a settlement of the 2nd of September 1824, made upon the marriage of William Henry Handcock with Catherine Kelly, he conveyed all the lands of Carrintrilly, &c., to trustees to hold for himself for life, with remainders over for the benefit of the issue of the marriage. This settlement was duly registered, and pursuant to a covenant which it contained, William Henry Handcock suffered in Michaelmas Term 1824 a common recovery to the uses of the settlement. On the 6th of May 1825 William Henry Handcock acquired by purchase a fee-simple estate in the lands of Cartron, &c., in the county of Galway. In Michaelmas Term 1826 several other judgments were obtained against William Henry Handcock. In 1829 William Henry Handcock, being desirous of raising a sum of 2000 on mortgage of the fee-simple in the purchased lands of Cartron, &c., and of his life estate under the marriage settlement in the lands of Carrintrilly, &c., applied to William Elias Handcock to lend him that sum upon the security of the proposed mortgage; to which William Elias Handcock assented, provided that John Egan and Cecilia Mangan (in whom the judgment obtained by Egan and Derinzy was by assignment then vested), and also Thomas Gillespie and William Burke, would release the purchased lands of Cartron, &c., from their judgment ; to which they having agreed, a deed poll was accordingly executed by them, upon the 8th of April 1829, for that purpose. That deed, after reciting the recovery of the judgÂÂment by John Egan and Henry Derinzy in Trinity Term 1824, and that it was then (8th of April 1829) vested in Cecilia Mangan, and further reciting the recovery of the two judgments by Elias RobinÂÂson Handcock in Trinity Term 1824, which were then (8th of April 1829) vested in William Burke, and the recovery of their respective judgments in Trinity Term 1824 by Thomas Gillespie and John Egan, then proceeded as follows :-" And whereas the said William " Henry Handcock, being desirous of having that part of the lands "and hereditaments hereinafter mentioned and described, clear of " all incumbrances, hath requested the said John Egan, Cecilia "Mangan assignee of the said John Egan and Henry Derinzy, CASES AT LAW. 567 " William Burke- assignee of the said Elias Robinson Handcock, E. T. 1848. "and Thomas Gillespie respectively, to release the same from the CommonPleas. " incunabrances thereupon by their said respective judgments and HANDCOCK " assignments ; and the said John Egan, Cecilia Mangan, William v. "Burke and Thomas Gillespie being satisfied that the residue of...