Harris v O'Loghlen

• Jurisdiction: Ireland
• Judgment Date: 29 June 1871
• Date: 29 June 1871
• Court: Rolls Court (Ireland)

Rolls.

HARRIS

and

O'LOGHLEN.

Thorp v. BrowneELR L. R. 2 H. L. 220.

Davies v. Kennedy Ir. Rep. 3 Eq. 68.

In re EdgeworthUNK 11 Ir. Ch. Rep. 294.

Hewer v. CoxENR 3 El. & El. 428.

Slator v. SlatorUNK 16 Ir. Ch. Rep. 488.

In re Power 11 Ir. Ch. R. 288.

In re Flood's EstateUNK 17 Ir. Ch. Rep. 127.

Crosbie v. Murphy 8 Ir. L. Rep. 308.

In re Pilson 7 Ir. Jur. N. S. 68.

In re Flood 11 Ir. Jur. N. S. 43.

In re Gispi 7 Ir. Jur. N. S. 119.

In re Fitzgerald's Estate 11 Ir. Ch. R. 278.

In re Murrogh's Estate 14 Ir. Ch. R. 44.

In re Ryan 3 Ir. Ch. R. 33.

In re Earl of Limerick's Estate 7 Ir. Jur. N. S. 65.

The Queen v. The Inhabitants of Ely 15 Q. B. 827.

The Queen v. Whittles 13 Q. B. 248.

Judgment Mortgage — Affidavit of Registry — Misstatement of Sum recovered, and of Barony — Judicial Notice of Barony.

514 THE HUSH REPORTS. [I. R. HARRIS v. O'LOGHLEN. Judgment Mortgage-Affidavit of Registry-Misstatement of Sum recovered, and of Barony-Judicial Notice of Barony. 1. An affidavit, for the registration of a judgment under the 13 & 14 Viet. c. 29, which omits to state, or states inaccurately, the sum recovered by it, is defective, and is not amended by a supplemental affidavit. 2. An affidavit for the registration of a judgment stated that the lands of the debtor were situated in the barony of Bunratty, in the county of Clare; there is a barony of Upper Bunratty and of Lower Bunratty in that county, but there is no barony of Bunratty : Held, that lands of the debtor situated in one of those baronies were not charged by the judgment so registered. The Court, especially having regard to the 13 & 14 Viet. e. 68, Sch. A, is bound to take judicial notice of the baronies in a county. BILL filed on foot of a judgment mortgage, praying the usual accounts, &c., a decree for payment ; and, in default, a sale and a receiver. On the 22nd of April, 1857, the Plaintiff recovered a judgment in the Court of Common Pleas in Ireland against the Defendant for the sum of £4000, with £3 2s. 6d. costs ; and on the same day the Plaintiff filed, in the Court of Common Pleas, and registered in the Office for Registering Deeds in Ireland, the following affiÂÂÂdavit :- " Lewis Harris, of, &c., jeweller, the Plaintiff in this cause, maketh oath and saith, that this Deponent, by the name and description of Lewis Harris, of Suffolk-street, in the City of Dublin, jeweller, did, on the 22nd day of April, in the year of our Lord 1857, and in and as of Easter Term in the said year, &c., obtain a judgment, in her Majesty's Court of Common Pleas in Ireland, against the DeÂÂÂfendant in this cause, by the name and description of Sir Colman Michael O'Loghlen, of, &c., Bart., Barrister-at-Law, for the sum of £2000 sterling, beÂÂÂsides £3 28. 8d. costs, as by the record, &e. This Deponent further saith, that the said Sir C. M. O'Loghlen, the Defendant in this suit, is, at the time of swearing this affidavit, seised or possessed of, at law or in equity, or has a disposing power, which he may, without the assent of any other person, exercise for his own benefit over certain lands, &c., hereinafter mentioned-that is to say, the lands of Drunaconroe, otherwise Nutfield, containing 219A. 2n. 28p. ; the lands of containing 240A. 2n. 36E.. ; the lands of Ballycarroll, con Vol.. V.] EQUITY SERIES. M5 taming 244A. 2R. 28P., statute measure, lying and being in the parish of Temple- Rolls. mally, barony of Bunratty, and county of Clare ; also the lands of Aughrim Ross, 1871 containing 136A. 2R. and 7P. ; the lands of Ross, containing 137A. 3R. 39P., HARRIS statute measure, in the parish of Dysart, barony of Inchiquin, and county of v. Clare; also the lands of Tullyodea, containing 243A. 2R. 32P. ; the lands of O'LOGELEN. Bealnalicka, containing 389A. 3R. 17P., in the parish of Ruan, barony of Inchiquin, and county of Clare ; also the lands of Ballynaylan, containing 21A. 2R. 11P., statute measure, in the parish of Kilmoon, barony of Burren, and county of Clare ; also the lands of Coolmeen, containing 186A. 39P., staÂÂÂtute measure ; and Craggagh, containing 209A. IR. 23P., statute measure, in the parish of Killonaghan, in the barony of Burren, and county of Clare. This Deponent further saith that the sum of £2003 2s. 8d., so secured by the said judgment as aforesaid, still remains justly due and owing to this Deponent by the said Sir Colman Michael O'Loghlen, and said judgment is still in full force, virtue, and effect in law." The Plaintiff, on the 7th of June, 1858, filed and registered another affidavit, in terms similar to the former, save that it stated the sum recovered by the judgment to be £4000 and £3 2s. 8d. costs. On the 29th of June, 1859, the Plaintiff filed and. registered a...