In Teh Matter of The Estate of The Earl of Kingston, Owner and Petitioner:

JurisdictionIreland
Judgment Date21 June 1869
Date21 June 1869
CourtIncumbered Estates Court (Ireland)

L. E. Court.

IN TEH MATTER OF THE ESTATE OF THE EARL OF KINGSTON,
OWNER AND PETITIONER:

Jackson v. WoolleyENR 8 El. & Bl. 778.

Dowling v. FordENR 11 M. & W. 329.

Mahon v. Davoren 2 H. & B. 523.

Warrens v. O'Shee 5 L. R. N. S. 77; S. C. on appeal, 1 Jebb & Symea, 504.

Kelly v. Kelly 6 L. R. N. S. 222.

Vincent v. Willington Longf. & Towns. 456.

Tristram v. Harte Longf. & Towns. 186.

Dickenson v. Teasdale 1 De G. J. & Sm. 52.

Coope v. Creswell L. R. 2 Ch. Ap. 112.

Copis v. Middleton Turn. & Rus. 224.

Effect of payment of Interest upon one of separate Judgments obtained upon foot of one joint and several Bond to take another of such Judgments out of the Statute of Limitations.

VOL. III.] EQUITY SERIES. 485 case, where, from the lunacy of the tenant for life, the whole manage- Y. C. court. ment of his affairs was in the hands of the Lord Chancellor, and all 1869. appears upon the documents in the lunacy matter, there is nothing R -IR1VAN to warrant any presumption, from lapse of time or otherwise, of any KENNEDY. arrangement of this demand. I must direct inquiries as to the amount of interest on charges affecting the inheritance which accrued during Christopher HamilÂÂÂÂton's life estate and were left unpaid, and also of any credits to which the estate of the tenant for life is entitled against same for any payments, for costs or otherwise, made out of the rents of the life estate, or the dividends, which accrued during Christopher Hamilton's life, on the surplus proceeds of the lands sold, which were properly chargeable against the inheritance. Solicitor for the Plaintiff : Mr. Benjamin Whitney. Solicitor for the Defendant : Mr. H. A. Bate. IN THE MATTER OF THE ESTATE OF THE EARL OF KINGSTON, L. B. Court. OWNER AND PETITIONER: 1869. Effect of payment of Interest upon one of separate Judgments obtained upon .1"e 12, 14. 15, 21. foot of one joint and several Bond to take another of such Judgments out of the Statute of Limitations. A payment made within twenty years of interest upon one of separate judgments, obtained upon foot of one joint and several bond, will prevent recovery upon foot of another of such judgments from being barred by the Statute of Limitations, 3 & 4 Wm. 4, c. 42. THIS case came on upon charge and discharge, the filing of which, by the executors of Mr. Thomas Joseph Eyre, and by the owner, respectively, had been directed by an order of the Court. The executors of Mr. Eyre claimed to have a judgment, which was originally obtained by the Earl of Donoughmore against the owner, and which had become vested in Mr. Eyre, and...

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