Henry v Archibald

• Jurisdiction: Ireland
• Judgment Date: 07 July 1871
• Date: 07 July 1871
• Court: Rolls Court (Ireland)

Rolls.

HENRY

and

ARCHIBALD.

Wilmer v. Curry 2 D. & Sm. 347.

Richardson v. HortonENR 6 Beav. 185.

Summer v. PowellENR 2 Mer. 36.

Ex parte Christie 2 Mon. & Bli. 352.

In re GallieUNK 9 Ir. Ch. Rep. 188.

Motteux v. St. Aubyn 2 W. Bl. 1133.

M'Namara v. Browne 5 Ir. L. Rep. 460.

Ashlin v. LangtonENR 4 M. & Sc. 719.

Tippins v. CoatesENR 18 Beav. 401.

King v. HoareENR 13 M. & W. 494.

Wakefield v. Smythe 16 Ir. C. L. Rep. 173.

Higgins' Case 6 Co. 14, b.

Joint Judgment on Joint and Several Bond — Survival of Remedy.

VoL. V.] EQUITY SERIES. but it will remain portion of the testator's assets, and, as such, Henry must give credit for it in estimating his share of the resiÂÂdue. William will be entitled to one-sixth of it under the coveÂÂnant contained in his marriage settlement, dated 2nd February, 1861. The testator couples the mention of this £555 with the £1200 which he had already " advanced" to Henry, and. I thereÂÂfore think the latter cannot now be called upon to refund it. Decree accordingly. Solicitor for the Plaintiff, William Lees : Thomas W. Bond. Solicitors for the Petitioner, Henry Lees : Meade and Colles. Solicitors for the Defendant, G. S. Smith : H. and J. Watson. Solicitors for the Defendants, T. and G. Williams : Meade and Colles. Solicitor for the Defendant, Rev. J. Lees : George Shannon. Solicitor for the Defendant, Diana Lees : George Shannon. HENRY v. ARCHIBALD. Joint Judgment on Joint and Several Bond-Survival of _Remedy. A joint judgment was entered against father and son upon their joint and several bond ; the son was an infant at the time of the execution of the bond and the entry of the judgment, and survived the father :-Held, that the amount of the judgment could not be raised out of the father's assets. Construction of bond-whether joint or joint and several ? Effect of a judgment recovered against an infant. DEMURRER to bill filed by Joseph Henry, praying that the Defendants might be decreed to pay a debt due on a bond of Matthew and David Cathcart, and, if necessary, an administration of the real and personal estate of Matthew. The bill stated that M. and D. Cathcart, being indebted to the Plaintiff in £260, exeÂÂcuted a bond, dated the 7th of July, 1860, in the following terms : "Know all men by these presents that we, Matthew Cathcart and David Cathcart, both of Lower Topp, in the parish of Ballymoney, and county of Antrim, farmers, are held and firmly bound unto Joseph Henry, Carralaverty, 560 THE IRISH REPORTS. [I. R. Rolls. in the parish of Armoy, and said county of Antrim, farmer, in the sum of £520 1871. sterling, good and lawful money of Great Britain and Ireland, to be paid to the said Joseph Henry, or his lawful attorney, executors, administrators, or assigns, for HENRY which payment to be well and faithfully made we bind our and each of our heirs, ARCHIBALD. executors, and administrators firmly by these presents, sealed with our seals, and dated the 7th day of June, in the year of our Lord 1860. The condition of the above obligation is such, that if the above bounden Matthew Cathcart and David Cathcart, their or any or either of their heirs, executors, or administrators, shall and do well and truly pay, or cause to be paid, unto the above-named Joseph Henry, his executors, administrators, or assigns, the just and full sum of £260 sterling, of good and lawful money of Great Britain and Ireland, with interest thereon in the meantime, after the rate of £5 for each £100 by the year, without fraud or further delay, that then the above obligation to be void and of...