Irish Land Commission v Dolan

• Jurisdiction: Ireland
• Judgment Date: 21 November 1929
• Date: 21 November 1929
• Court: High Court (Irish Free State)

High Court.

Land Commission v. Dolan

THE IRISH LAND COMMISSION

Appellants

and

ANNIE DOLAN, Respondent (1)

Land Purchase - Moneys payable to the Land Commission - Recoverable from person in, actual occupation - Liability for arrears - Retrospective operation of statute - Land Act, 1927 (No. 19 of 1927), sect. 28, sub-sect. 1.

Circuit Appeal.

The Irish Land Commission issued a civil bill to recover"the sum of £109 7s. 8d., being £1 18s. 2d., £31 10s., £71 5s., and £14 6s., rent-charge and interest due by the defendant to the plaintiffs out of the lands of Coolodonnell, in the County of Leitrim, under sect. 28, Land Act, 1927, in said county, up to and ending the first day of June, 1928, under and by virtue of a certain deed of conveyance and mortgage, charging or vesting order. And the same is due on foot of an advance made under the Land Law (Ireland) Acts, and secured to the plaintiffs by the said deed, fiat, charging or vesting order; and for money found to be due by the defendant to the plaintiffs, and the same is due on foot of accounts stated and settled."

The agreement to purchase the lands, dated 1st November, 1911, was signed by Honoria Dolan, and after her death Patrick Dolan, the defendant's husband, became the registered owner of the lands. After his...