Irish Permanent Building Society v Ryan

JurisdictionIreland
CourtHigh Court
Judgment Date22 January 1950
Date22 January 1950
Docket Number(1949. No. 3554).
(1949. No. 3554).
Irish Permanent Building Society v. Ryan.
IRISH PERMANENT BUILDING SOCIETY
Plaintiffs
and
PHILIP RYAN
Defendant.

Mortgage - Delivery of possession by mortgagor to mortgagee - Originating summons - Provision in mortgage deed empowering mortgagee to enter into possession - Sale of premises with vacant possession more satisfactory - Saving of costs to defendant - Discretion - Rules of the Supreme Court (Ir.), 1905, Order LV, r. 7.

Originating Summons.

By an indenture of mortgage, made the 13th September, 1948, the defendant mortgaged a dwellinghouse, by way of sub-demise, to the plaintiffs to secure the repayment of £650, advanced by the plaintiffs to the defendant. The indenture of mortgage provided that the advance, together with interest, should be repaid over a period of fifteen years by quarterly instalments of principal and interest and that if there was default in such payment for the period of three calendar months the whole of the advance then due would immediately become payable. The mortgage deed also provided that, at any time after the execution of the mortgage and without any further consent on the part of the defendant, the plaintiffs might enter into possession or into the receipt of the rents of the mortgaged premises and also that the plaintiffs might sell the mortgaged premises, whether they had entered into possession of them or not. It was, however, provided that the plaintiffs should not exercise such power of entering into possession or into receipt of the rents, nor exercise such power of sale, unless the defendant should have been in default, for the space of three calendar months, in the payment of the instalments of principal and interest.

The defendant defaulted in the payment of the instalments and, on the 5th May, 1949 (at which date the defendant was then in default for the space of twelve months), the plaintiffs, by their solicitor, demanded possession of the mortgaged premises. The defendant refused possession, and the plaintiffs issued an originating summons claiming an order, pursuant to Order LV, r. 7, of the Rules of the Supreme Court (Ir.), 1905, for the delivery of possession by the defendant of the mortgaged premises.

In an affidavit sworn by the secretary of the plaintiff society, it was stated that the plaintiffs wished to obtain possession of the mortgaged premises for the purpose of selling the same with vacant possession; that it would be difficult to effect a sale of the premises if...

To continue reading

Request your trial
3 cases
  • Allied Irish Banks Plc v Thomas Darcy and Another
    • Ireland
    • High Court
    • 20 May 2015
    ...is that possession of the property (or properties) at issue is necessary to effect a sale. In Irish Permanent Building Society v Ryan [1950] I.R. 12, Gavan Duffy P. observed (at 14): "In the affidavit made by the secretary of the plaintiff society, it is deposed that it would be difficult t......
  • Tarbutus Ltd v Conor Hogan
    • Ireland
    • High Court
    • 15 December 2021
    ...Registration of Deeds and Title Act 2006 s. 63 51 §64 52 (1886) 32 Ch. D. 53 53 Land Law 6th Ed'n §14.54 54 Land Law 4th Ed'n §24–124 55 [1950] IR 12 56 Registration of Deeds And Titles in Ireland 57 Preserved as to mortgages created before 1 December 2009 by the Land and Conveyancing Law R......
  • Lombard Ulster Banking Ltd v Murray
    • Ireland
    • High Court
    • 1 January 1987
    ...AND WILLIAM MURRAY AND MAIRE MURRAY DEFENDANTS Citations: HALSBURY'S LAWS 4ED VOL 20 PARA 186 IRISH PERMANENT BUILDING SOCIETY V RYAN 1950 IR 12 LEE V LINDELL 1913 2 CH 62 MARLEY 1976 2 AER 1010 MCCARTHY V MCCARTIE 1904 1 IR 100 PITTORTOU, IN RE 1985 1 AER 285 RSC 0.9 r14 Synopsis: GUARAN......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT