John Purcell v Andrew Nash

• Jurisdiction: Ireland
• Judgment Date: 20 November 1851
• Date: 20 November 1851
• Court: Queen's Bench Division (Ireland)

Queen's Bench

JOHN PURCELL

and

ANDREW NASH.

Delap v. Leonard 5 Ir. Law Rep. 287.

Winter's caseENR 3 Dyer, 308, b.

Rawlynn's caseUNK 4 Rep. 52, b.

Hodgkins v. Robson Vent. 276.

Graham v. ScottENR 11 East, 478.

Hills v. MorrisUNK 6 Jur. 326.

Freeman v. Barnes 1 Siderf, 458.

48 COMMON LAW REPORTS. M. T. 1851. Robinson replied. Queen's Bench Corseaden v. Stewart was decided on a ground quite inapplicable CONWAY here, namely, that the party from whom the security was sought was V. WILSON. the defendant in replevin ; the plaintiff here has mis-stated his resiÂÂdence : 13 Vic. c. 18, s. 2. BLACKBURNE, C. J. We do not think the rule requiring security for costs to be given applies to a person occasionally resident in Ireland. In the plainÂÂtiff's affidavit it is stated he has a residence at Kingstown ; that implies a domicile. We say no rule ; but as the defendant may have been misled by the reference to Sir J. Rogerson's-quay, we say no costs. JOHN PURCELL v. ANDREW NASH. Nov. 18, 20. Three deno- EJECTMENT for non-payment of rent, tried before Howley (Sergeant) minations of land were at the Summer Assizes of 1851, for the County of Cork. It ap demised by Sir J. P. by peared from the evidence given at the trial that, by a lease of the a lease of 10th of April 1803, Sir John Purcell demised to Andrew Nash the 1803, at a rent of .227, for three lives, to lands of Clostogue and Graigue for three lives, with covenant for the defend- perpetual renewal. By lease of the 15th of April 1803, Andrew ant. After the execution Nash demised to John Glover the lands of Graigue for the same of this lease a lease was exe- three lives, with covenant for perpetual renewal, and upon this cuted by the defendant, of lease there was an indorsement without date, signed by John one of the de nominations, to a trustee for the lessor at a rent of 147, but the trustee executed no deed transferring the legal estate ; the rents were paid by the sub-tenants to Sir J. P. the lessor, and the plaintiff allowed credit to the original lessee and his reÂÂpresentatives for the rent reserved under the derivative lease. In an ejectment for non-payment of rent, brought by the heir-at-law of Sir J. P. against the repreÂÂsentatives of the defendant, Held, that such was maintainable, as the plaintiff's possession was solely referrible to his trustee, he himself not having the legal estate in the lands. COMMON LAW REPORTS. 49 • Glover, declaring a trust for Sir John Purcell. The rent reserved by the former lease was 225, that by the latter was 148; and it was proved that for a long period, the difference between the two rents, viz., 77, was paid by Andrew Nash, and such balance was the only rent mentioned in the receipts given by Sir John Purcell's agents. The action was brought by the plaintiff as heir-at-law of Sir John Purcell, and it appeared that no rent had been paid...