In Bank of Ireland v Slattery

JurisdictionIreland
CourtChancery Division (Ireland)
Judgment Date10 November 1910
Date10 November 1910

CHANCERY DIVISION

BANK OF IEELAND
and

SLATTEET AND ANOTHER.

Practice — Mortgage —— Delivery of possession by mortgagor to mortgagee — Exercise of jurisdiction —

Yot.. I.] CHANCERY DIVISION. 33 BANK OF IRELAND v. SLATTERY AND ANOTHER. Practice—Mortgage—Order for possession—Delivery of possession by mortgagor to mortgagee—Exercise of jurisdiction—Order L V, Rule 7. The words " delivery of possession by the mortgagor " in Order L V, Rule 7, are not to be read as merely ancillary to a sale ordered by the Court. The Court will in a proper case make an order for the delivery of possession of the mortgaged premises by the mortgagor to the mortgagee, apart from any proceedings for sale. Sembl e, such an order will not be made as a matter of course. ORIGINATING SUMMONS. Application on behalf of the Governor and Company of the Bank of Ireland " for an order that possession might be delivered to them of all and singular the premises comprised in an indenture of lease, dated the 22nd February, 1832, and made between Sir Edward Denny, Baronet, of the one part, and Michael Slattery of the other part, for the natural life and lives of the three cestuis que vie in said lease mentioned, and the survivor of them, and for and during the natural life and lives of such other person or persons as might from time to time for ever thereafter be added thereto in pursuance of the covenant for perpetual renewal in said lease contained, subject to the yearly rent of 5s., which said premises are described in said lease as all that and those a waste dwelling-house, part of the walls whereof were then standing, and a plot of ground to the rear thereof, late in the possession of Lewis M‘Loughlin and Charles M‘Loughlin, both deceased, containing by a survey or delineation thereof in front to the east 18 feet, and fronting Rock Street to the west by the extremity of a garden 148 feet, extending from the rear wall of the house intended to be built pursuant to the covenant therein mentioned, to the north bounded by Charles Moriarty's concerns and premises, and to the south by Maurice Gloster's or John 1911—VoL. 1. 84 THE IRISH REPORTS. [1911. M. R. Busteed's concern or premises, all which said premises are situate, 1910. lying, and being in the town and borough of Tralee, Barony of BANK or Trughanackmy, and county of Kerry, and which said premises are IRELAND v. now known as No. 121 Lower Rock St., Tralee,' and for costs." SLATTERY. The summons was taken out on behalf of the Governor and Company of the Bank of Ireland, and was served upon Jane Slattery and James Ross, who were named as defendants therein, and upon all persons in possession of the premises. The summons was grounded on an affidavit of John Gardiner Fishbourne, the agent of the Governor and Company of the Bank of Ireland at their branch bank at Tralee. The affidavit, from which the facts of the case sufficiently appear, was as follows : " 1. By indenture of lease, dated the 22nd February, 1832, and made between Sir Edward Denny, Baronet, of the one part, and Michael Slattery of Tralee, county Kerry, man-servant, of the other part, all that and those, &e. [the same description of the premises as in the summons], were demised unto the said Michael Slattery, his heirs and assigns, for and during the natural lives and life of the said Michael Slattery, Michael Slattery the younger, his son, and Connor O'Leary, and the longest liver and survivor of them, subject to the yearly rent of 5s. ; and said indenture contained a covenant on the part of the said Sir Edward Denny, his heirs and assigns, for perpetual renewal upon payment of the sum of twoÂpence upon each life as a renewal fine. " 2. By indenture dated the 21st January, 1863, and made between the said Michael Slattery, man-servant, of the one part, and Michael Slattery, subsequently of Rock Street, Tralee, flour and meal merchant, of the other part, the said premises were, in conÂsideration of the sum of £5, granted and conveyed to the said Michael Slattery, of the second part, his heirs and assigns, from the day after the death of the said Michael Slattery, man-servant. The...

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4 cases
  • Bunyan v Bunyan
    • Ireland
    • King's Bench Division (Ireland)
    • 9 December 1915
    ...DIVISION Barton J. BUNYAN and BUNYAN Bank or Ireland v. SlatteryIR [1911] 1 I. R. 33. Doran v. HanninDLTR 40 I. L. T. R. 186. Mortgage —— Originating Summons — 70 THE IRISH REPORTS. [1916.. BUNYAN v. BUNYAN. Mortgage— Order for Delivery of Possession to Mortgagee — Originating Setnusfon......
  • Ulster Investment Bank Ltd v Rockrohan Estate Ltd
    • Ireland
    • High Court
    • 14 January 2009
    ...PRACTICE & PROCEDURE IN ADMINISTRATION & MORTGAGE SUITS IN IRELAND 2ED STATUTE OF LIMITATIONS 1957 ACT S2 BANK OF IRELAND v SLATTERY 1911 1 IR 33 CHARGING ORDERS ACT 1979 S1(1) CHARGING ORDERS ACT 1979 S3(4) LIMITATION ACT 1980 S15 (UK) LIMITATION ACT 1980 S24(1) (UK) LIMITATION ACT 1980 S2......
  • Bradshaw v McMullan
    • Ireland
    • High Court
    • 28 April 1915
    ...Before O'Brien L.C., Palles C.B., and Ronan L.J. (1915. No. 3834.) BRADSHAW and McMULLAN Bank of Ireland v. SlatteryIR [1911] 1 I. R. 33. Brooking v. SkewisUNK 58 L. T. 73. Burke v. DonaghueUNK 20 L. R. Ir. 324. In re FranckeUNK 58 L. T. 305. In re HargreavesELR 44 Ch. D. 236. In re Higgins......
  • Bank of Ireland v Feeney
    • Ireland
    • Supreme Court (Irish Free State)
    • 15 July 1930
    ...read the judgment which he has just delivered, and in which I entirely concur. I have nothing to add. Murnaghan J.:—I also concur. (1) [1911] 1 I. R. 33. (2) [1916] 1 I. R. (3) [1921] 2 Ch. 301. (1) [1894] 1 I. R. 179. (2) 1 N.I.J.R. 13. (3) 2 A. & E. 485. (4) 9 Ch. App. 271. (1) [1911] 1 I......

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