Irish Permanent Building Society v Ryan

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

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.

The defendant mortgaged his dwellinghouse to the plaintiffs, a building society, to secure the repayment of moneys advanced by the plaintiffs. The mortgage deed provided for the payment of quarterly instalments in repayment of the advance, together with interest, and that in case of default of payment for three months the plaintiffs might enter into possession of the mortgaged premises and might sell them. The defendant defaulted in his payments for a space of over three months, and it appeared that he would not be in a position to pay the arrears or to continue paying the quarterly instalments. The defendant, having refused to deliver up possession the plaintiffs sought an order pursuant to Order LV, r. 7, of the Rules of the Supreme Court, 1905, for the delivery of possession of the mortgaged premises by the defendant so that they might sell the premises with vacant possession which would enhance the value of the premises.

Held, that while the Court is slow to make such orders, it will do so in a suitable case, and that as a sale with vacant possession was likely to be more satisfactory than a sale with the defendant in possession, and in view of the saving of costs to the defendant by the procedure adopted, this was a suitable case for the exercise of the jurisdiction.

The order sought was accordingly granted.

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...

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3 cases
  • Tarbutus Ltd v Conor Hogan
    • Ireland
    • High Court
    • 15 Diciembre 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......
  • Allied Irish Banks Plc v Thomas Darcy and Another
    • Ireland
    • High Court
    • 20 Mayo 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......
  • Lombard Ulster Banking Ltd v Murray
    • Ireland
    • High Court
    • 1 Enero 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......

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