Hayes' Estate

JurisdictionIreland
Judgment Date23 April 1920
Date23 April 1920
CourtCourt of Appeal (Ireland)
Hayes' Estate.
HAYES' ESTATE (1)

Appeal.

Joint tenancy - Severance.

An agreement for sale entered into by the persons who were together joint tenants of real property does not in itself, and in the absence of evidence of intention, operate as a severance of a joint tenancy in the purchase-money.

Decision of Wylie J. (ante, page 103) reversed.

Appeal from a decision of Wylie J., holding that an agreement for sale under the Land Purchase Acts by all joint tenants effected a severance of the joint tenancy. The material facts, and the judgment in the Court below, are reported ante, p. 103.

Sir James Campbell C. :—

In this case the owner of an estate initiated proceedings for a sale to the Congested Districts Board, but he died before the sale was carried out. The property then became vested in six daughters of Sir Edmund Samuel Hayes, who died in 1860, as joint tenants. These six ladies adopted the proposal that had been made by their predecessor in title, with the result that the

necessary proceedings ensued, and the property was sold. A question then arose in regard to the distribution of the purchase-money and the payment of the bonus. In the interval two of the joint owners hud died. Of the four remaining, one is represented by Mr. Murphy, and she has appealed from the decision of Mr. Justice Wylie, in which he held that the effect of the transaction had been to sever the joint tenancy in the lands. Mr. Justice Wylie tells us plainly that his conclusion is based on the general proposition that a contract of sale by joint tenants of necessity, per se, effects a severance, and for this proposition he relies upon the decision in Kingsford v. Ball(1). So far as it is possible to ascertain from the meagre relation of the facts and from the judgment what the precise point decided in that case was, it seems to me that it cannot be relied upon for such a universal proposition. It is peculiar in this respect: that between the date of the contract of sale and its ultimate completion the joint owners had entered into an agreement inter se, which undoubtedly had the effect of severing the joint tenancy; but when they came to complete the contract they relied upon their title as joint tenants, ignoring or concealing the fact that in the interval that joint tenancy had been severed. Further, it appears that the purchase-money in respect of the contract of sale was divided between them, and in view of these facts it seems to me there was no...

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5 cases
  • M.C v B.S
    • Ireland
    • High Court
    • 17 June 2008
    ...ACT 1961 S8 STATUTE LAW REVISION (PRE-UNION IRISH STATUTES) ACT 1962 S2(1) REGISTRATION OF TITLE ACT 1964 S91 HAYE'S ESTATE, IN RE 1920 1 IR 207 FAMILY LAW ACT 1995 S36 SOAR v FOSTER 1858 4 K & J 152 70 ER 64 DUNBAR v DUNBAR 1909 2 CH 639 STACK v DOWDEN 2007 2 WLR 831 2007 2 AC 432 2007 2 ......
  • C (M) v S (B)
    • Ireland
    • High Court
    • 17 June 2008
    ...ACT 1961 S8 STATUTE LAW REVISION (PRE-UNION IRISH STATUTES) ACT 1962 S2(1) REGISTRATION OF TITLE ACT 1964 S91 HAYE'S ESTATE, RE 1920 1 IR 207 SOAR v FOSTER 1858 4 K&J 152 DUNBAR v DUNBAR 1909 2 CH 639 STACK v DOWDEN 2007 2 WLR 831 FAMILY HOME PROTECTION ACT 1976 W v W 1981 ILRM 202 F (R) v ......
  • Murray v Murray and Scanlon
    • Ireland
    • High Court
    • 13 July 1939
    ...501, at p. 507. (3) [1894] 1 Ch. 362. (4) 2 My. & K. 304. (5) 9 L. R Ir. 207, at p. 214. (6) 38 Ch. D. 286. (7) [1930] I. R. 337. (8) [1920] 1 I. R. 207. (9) L. R. 6 Ch. 696, at p. (1) 28 Ch. D. 705. (2) 90 L. J. (Ch.) 187. (3) [1932] I. R. at p. 239. (4) 19 L. R. Ir. 391. (5) [1907] 2 I. R......
  • Byrne v Byrne
    • Ireland
    • High Court
    • 18 January 1980
    ...where it is also stated that no severance occurs if all the joint tenants join together in the alienation. and the case of Hayes' Estate (1920) 1 I.R.207 is cited in support of this proposition. 4 This case is very strongly relied upon on behalf of the defendant. In it there had been a sale......
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