Irwin v McCabe

• Jurisdiction: Ireland
• Judgment Date: 01 January 1927
• Docket Number: (1926. No. 912.)
• Date: 01 January 1927
• Court: Supreme Court (Irish Free State)

S. C.,

Irwin

and

M'Cabe

Omissions from folio - Provision in registered deed omitted: - Deed of charge not registered - Rights of the parties - Local Registration of Title (Ireland) Act, 1891 (54 55 Vict., c. 66), s. 34.

The owner of a certain farm devised it to her husband, T. J. M'C., the defendant, for life, and after his death to her son, J. W. M'C., the other defendant, and she gave her husband power to raise the sum of £700 for the purpose of stocking the farm and for the maintenance and education of her son. After her death the defendant, T. J. M'C., who had purchased the holding under the Land Purchase Acts, was, on the 10th July, 1912, registered as owner in fee-simple subject to equities. In 1914 proceedings were instituted in the Chancery Division against the defendants (the defendant J. W. M'C. being then an infant), and an order was made on 9th March, 1914, that portion of the lands should be sold for £700; that, subject to the consent of the Land Commission, the lands should be divided; that the defendant, T. J. M'C., should execute a deed charging his life estate and interest in the lands (other than the portion to be sold) with an annuity of £30 per annum during his life in favour of his son, the minor defendant, and that he should release the said power of charging the lands conferred upon him by the will of his wife. A deed was made in pursuance of this order, creating the annuity of £30 and releasing the said power of charging the lands conferred upon the defendant, T. J.M'C., and this deed was registered on July 23rd, 1914. In 1917 the defendant, T. J. M'C., obtained a loan of £250 from the plaintiff, which was secured by a charge, dated 4th October, 1917, and on the 9th October, 1917, the plaintiff was registered as owner of this charge. Plaintiff's solicitor had called upon the defendant, T. J. M'C., to have the equities discharged, and the application was pending on the 2nd October, but the equities were not discharged until the 12th October. On that date a note was put on the register stating that the note as to rights or equities was cancelled, and that T. J. M'C. was...