James Nelson, Plaintiff; Joseph Todd, Defendant

• Jurisdiction: Ireland
• Judgment Date: 18 December 1889
• Date: 18 December 1889
• Court: Chancery Division (Ireland)

Chancery Division.

Monroe, J.

JAMES NELSON,

PLAINTIFF;

JOSEPH TODD,

DEFENDANT.

Lamb v. EustonENR 5 Taunt. 206, at app. 210-212.

Rorke v. Errington 7 H. L. Cas. 617.

Willoughby v. Foster Dy. 80 b.

Jack v. M'IntyreENR 12 Cl. & Fin. 151.

Meath Railway Co. 17 Ir. Ch. R. 133.

Thorp v. BrowneELR L. R. 2 H. L. 220.

Davies v. Kennedy Ir. R. 3 Eq. 31.

O'Donnell v. O'DonnellUNK 1 L. R. Ir. 284.

affirmed on appealUNK 13 L. R. Ir. 226.

Re Bagnalstown Railway Co. 10 Ir. Jur. (N. S.) 253.

Flood's Estate 11 Ir. Jur. (N. S.) 43.

Judgment mortgage — Affidavit — Unnecessary descriptive particulars — "Acres" — "Townland" — Erroneous surplusage.

VOL. XXV.] CHANCERY DIVISION. 17 JAMES NELSON, PLAINTIFF; JOSEPH TODD, DEFENDANT. Monroe, I. 1889. Judgment mortgage-Registration-Affidavit -Unnecessary descriptive par- Dec. 9, 18. titulars-" Acres "-" Townland"-Erroneous surplusage. A judgment mortgage is not invalidated by the addition to the statutory requirements of an unnecessary and erroneous descriptive particular, as, for instance, "townland," nor by a substantial understatement of the number of acres, provided the lands charged are otherwise clearly marked and precisely ascertained. APPEAL by the plaintiff from the decision of the County Court Judge of Down, dismissing the civil bill. From the Judge's note it appeared that this was an equity civil bill to foreclose a statutory mortgage of the 5th April, 1879, obÂtained by the plaintiff against the defendant to secure the sum of £300. The bill averred that the statutory mortgage affected a farm containing 14 acres, Irish plantation measure, situate in the townland of Shankhill, parish of Aghaderg, barony of Upper Iveagh, and County Down ; but on reference.,to the statutory mortgage the farm stated to be held by the defendant in the town-land of Shankhill and affected by said mortgage is not stated to be 14 acres Irish plantation measure, but simply 14 acres, which defendant contended could only be interpreted as 14 acres statute measure ; and defendant denied that he held 14 acres Irish in the townland of Shankhill. It further appeared at the hearing that the defendant's farm, which was held at a bulk rent of £18 178. 10d., lay in two townlands: 10A. la. 30p. statute measure lying in the townland of Shankhill, and 11A. 3n. 30p. in that of DerryÂdrummick, and the landlord refused to sanction a sale of either denomination alone. The plaintiff's counsel submitted that in the Act of Parliament there is no necessity to set out the name of the townland at all, but merely the parish and barony, and he contended that the name of the townland is merely surÂplusage, and therefore immaterial, whether correct or not, as both denominations are held as one holding. Counsel on behalf VOL. XXV. 18 LAW REPORTS (IRELAND). [L. IL I. Monroe, J. of the defendant submitted that the registration as against Derry 1889. drummick was bad, but he added that if a foreclosure order was NELSON given for the 10 A. 1 R. 30 P. in Shankhill he could not object. The TODD. learned Judge held that the 14 acres mentioned in the statutory mortgage must be deemed to be statute measure, and having regard to that fact, declined to give a foreclosure order for 22 A. 1 R. 20 P. statute measure, that quantity being made up of 10 A. 1 R. 30 P. in Shankhill, and 11 A. 3 R. 30 P. in DerrydrumÂmick. The Judge reported that he would have given a foreÂclosure order as to the 10 A. 1 R. 30 P. in Shankhill, had the landÂlord's agent not objected to a sale of a portion of the...