Huddleston's Estate

• Jurisdiction: Ireland
• Judgment Date: 01 January 1920
• Date: 01 January 1920
• Court: Land Commission (Ireland)

Huddleston's Estate.

HUDDLESTON'S ESTATE

Land Commission.

Limitations, Statute of - Realty - Mortgagee in possession - Sale - Statement in schedule to originating application - Acknowledgment - Real Property Limitation Act, 1874 (37 & 38 Vict. c. 57), s. 7.

On a sale of land under the Lard Purchase Acts by mortgagees in possession (who had been in possession for upwards of twenty-five years), the mortgagor (an undischarged bankrupt) was returned on the schedule to the originating application as owner of the equity of redemption.

Held, that the originating application did not operate in favour of the official assignee, either by way of acknowledgment or estoppel, and that the mortgagees were entitled as absolute owners.

Objection to final schedule.

In 1886 proceedings for the sale of certain lands were taken by the mortgagees on petition in the Land Judge's Court, and an absolute order for sale was made and a receiver appointed. In 1901 the petition was dismissed and the receiver discharged, whereupon the mortgagees entered into possession, and on...