Johnson v Lowry and Others

• Jurisdiction: Ireland
• Judgment Date: 23 February 1900
• Date: 23 February 1900
• Docket Number: (1899. No. 649.)
• Court: Court of Appeal (Ireland)

JOHNSON

and

LOWRY AND OTHERS.

(1899. No. 649.)

Chancery Division

Appeal.

Statute of Limitations — 37 & 38 Vict. c. 57, s. 8 — Judgment — Judgment mortgage — 13 & 14 Vict. c. 29, s. 7.

Evans v. O'Donnell 18 L. R. I. 170.

Ex parte Collins 6 Ir. Ch. R. 17, at p. 19.

Eyre v. M' DowellENR 9 H. L. C. 619, at p. 647.

Henry v. Smith 4 Ir. Eq. R. 502.

Hone v. O' FlahertyUNK 9 Ir. Ch. Rep. 119, 497.

Knipe v. Blair Unreported.

316" THE IRISH REPORTS. [1900, Statute of Limitations-37 4. 38 Viet. c. 57, s. 8 —Judgment— Judgment mortgage —13 14 Viet. c. 29, s. 7. Where a judgment creditor registers a judgment as a judgment mortgage against the lands of a judgment debtor : Held (by the Court of Appeal, reversing the decision of the Vice-Chancellor), that the Statute of Limitations commences to run from the date of the judgÂment, and not from the date of the registration of the judgment mortgage. ON the 27th of October, 1884, the plaintiff obtained a judgment against the defendants for the sum of £100 and £7 18s. for costs. On the 16th of February, 1889, the plaintiff converted the judgment into a judgment mortgage over the defendants' interests as tenants from year to year in the lands of Killismestha, containÂing 36A. 6P., at the yearly rent of £33 4s. 6d, the lands of Bally-glass, containing 52A. 3R. 17P., and also the lands of Castlequarter, containing 8A. 2a. 11r., both held in fee-simple, but subject to annuities payable to the Land Commission. No payment had been made on foot of the judgment, or acknowledgment in writing given, by the defendants for a period of twelve years, and the defendants' contention was, that the judgÂment and the judgment mortgage founded thereon were barred by the Statute of Limitations. The question was raised on an originating summons, taken out by the plaintiff, asking for an account and a declaration that the amount found due might be declared well charged on the defenÂdants' interests in the lands. Herbert Wilson, for the plaintiff : The registration of the judgment as a judgment mortgage amounts to an acknowledgment, sufficient to satisfy the statute. Apart, however, from that question, the words of section 7 of the Vos, /.1 CHANCERY DIVISION. 317 Judgment Mortgage Act are plain, declaring that a judgment V.-C. ereditor, registering his judgment as a judgment mortgage, shall 1 900 have all the rights, powers, and remedies, as if an effectual con- JOHNSON v. veyance had been made to him. The judgment mortgagee is in Lowar.. the same position, as if a mortgage had been obtained to secure the amount of the judgment : see the observations of Lord. Cranworth in Eyre v. M'Dowell (1), and. of Brady, L. C.,. in. Ex parte Collins (2). Brunskill, for the defendants : Registration of the affidavit does not secure the money the money is already secured by the judgment. The judgment mortÂgage only gives an additional remedy against the lands of the debtor. Once the judgment on which the judgment mortgage depends is barred, all rights under the judgment mortgage are likeÂwise barred : Knipe v. Blair (3). In that case Ex parte Collins (2), was cited to Ashbourne, C., who, however, expressed a contrary opinion. [He also referred to Evan& v. O'Donnell (4) and Henry, v.. Smith (5).1 THE VICE-CHANCELLOR :— It would, in my opinion, be impossible to give effect to the words of the section, if I were to hold that the Statute of LimitaÂtions commenced to run from the date of the judgment, and not from the date of the registration of the affidavit. The proÂceedings were instituted for the recovery of a sum of money, secured by mortgage, and come within the 8th section of the Real Property Limitation Act, 1874, and the period of...