Irish Land Commission v Murphy
Jurisdiction | Ireland |
Judgment Date | 01 January 1939 |
Date | 01 January 1939 |
Court | Supreme Court |
Delivery of possession by sheriff - Whether necessary to remove all chattels - What constitutes complete delivery of possession - Land Act, 1927 (No. 19 of1927), s. 37, sub-s. 1.
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Sect. 37, sub-s. 1, of the Land Act, 1927, provides:—"Where the Land Commission have at any time, whether before or after the passing of this Act, put up for sale by public auction a holding which they are entitled to cause to be sold and the holding has not been sold, the Judicial Commissioner may issue an order under this section directing the Under-Sheriff to put the Land Commission into possession of the holding, and the order shall, when delivered to the Under-Sheriff, be executed by him in like manner as a writ for delivery of possession. Upon the execution of the order by the Under-Sheriff the holding shall vest in the Land Commission, without any conveyance or further order subject to the purchase annuity (if any) charged thereon and to any charge under the Public Works Acts, but discharged from all other claims or incumbrances of all persons whomsoever who are interested in the holding."Pursuant to an order made by the Judicial Commissioner on the 8th day of March, 1932, under the above sub-section, directing the Under-Sheriff to put the Irish Land Commission into possession of the holding of the defendant, J. Murphy, the sheriff's officer, accompanied by an Inspector of the Irish Land Commission, entered the defendant's lands on the 15th July and walked the bounds of his farm and through his fields. The cattle were removed by the sheriff's officer from the lands to the public road, but a car which was in the barn on the lands and which did not belong to either the defendant or his wife, who was the other defendant, was not removed. The furniture of the house was removed only to the yard outside on ground within the holding. The doors of the house were fastened, the key of the house and a sod of grass were given to the Inspector, the defendants were put out on the road or left the premises and the sheriff's officer handed over possession of the holding to the Inspector. On the 5th day of December the Land Commission were registered under the Local Registration of Title Act, 1891, as full owners. On the day of the eviction, shortly after the departure of the sheriff's officer and the Land Commission Inspector, the defendants went back into the possession of the barn where they lived for some time, and ultimately they...
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