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...