Joseph Murphy and Patrick M'Cormack

• Jurisdiction: Ireland
• Judgment Date: 12 April 1930
• Date: 12 April 1930
• Court: Supreme Court (Irish Free State)

[S. C., I. F. S.]

In re Murphy and M'Cormack

Judgment mortgage registered prior to registration of transfer to purchaser - Purchaser registered subject to judgment mortgage - Purchaser's equitable rights -Sufficiency of affidavit of judgment - Name of barony omitted - Registration of judgment mortgage inoperative - Judgment Mortgage Act, 1850 (13 14 Vict., c. 29), ss. 6, 7 - Local Registration of Title (Ir.) Act, 1891 (54 55 Vict., c. 66), ss. 21, 36, 44, 45, 49.

G., who was registered under the Local Registration of Title (Ir.) Act, 1891, as full owner of certain lands, sold them to M. on 20th July, 1926. M.'s title was not registered until 4th October, 1926. Meanwhile, on 13th August, 1926, one, MacC.,obtained and entered up a judgment in the High Court against G., and an affidavit to register this judgment as a mortgage under the Judgment Mortgage Act, 1850, against G.'s interest in the lands was lodged in the Registry on 29th September, 1926, and the judgment was on that day registered as a mortgnge on the interest of G. in the lands. The affidavit did not state the barony in which the lands were situate, as required by s. 6 of the Judgment Mortgage Act. When M.'stitle was registered on 4th October, 1926, it was registered subject (inter alia) to the judgment mortgage in favour of MacC. M. applied to the Registrar of Titles to cancel the entry of the judgment mortgage on the Folio, but this application was refused. M. applied to the High Court. It was held by Wylie, J., that the omission of the name of the barony from the affidavit did not affect the validity of the registration of the judgment as a mortgage, but that the order of the Registrar must be reversed, and the entry of the...