Julia Maria Murphy, A Registered Owner of Land

• Jurisdiction: Ireland
• Judge: Ross J.
• Judgment Date: 07 June 1918
• Court: Chancery Division (Ireland)
• Date: 07 June 1918

JULIA MARIA MURPHY, A REGISTERED OWNER OF LAND.

CHANCERY DIVISION.

Land Registry — Practice — Registered owner a lunatic not so found — Execution of transfer by Committee — Appointment of Guardian —, 1871 (34 Vict. c. 22), ss. 68 and 69; , 1891 (54 & 55 Vict. c. 66), s. 75, sub-s. 2.

In re CallanDLTR 47 I. L. T. R. 235.

Lytle v. Baker Unreported.

The Attorney-General v. The Corporation of DublinIR [1917] 1 I. R. 401, at p. 436.

VoL. I.] CHANCERY DIVISION. 417 JULIA MARIA MURPHY, A REGISTERED OWNER OF LAND. Ross J. (FOLIO 1286., CO. KILDARE.) Land Registry—Practice—Registered owner a lunatic not so found—Execution of transfer by Committee—Appointment of Guardian—Lunacy Regulation, (Ireland) Act, 1871 (34 Vict. c. 22), ss. 68 and 69; Local Registration of Title (Ireland) Act, 1891 (54 & 55 Vict. c. 66), s. 75, sub-s. 2. The appointment of a guardian under s. 75, sub-s. 2, of the Local RegistraÂtion of Title (Ireland) Act, 1891, is not necessary for the purpose of executing a transfer of registered land, the owner of which is a person of unsound mind not so found by inquisition, a committee of his estate having been appointed by the Lord Chancellor. Such committee is a fit and proper person to execute such transfer. MoTIoN by way of appeal from the Registrar of Titles. Julia Maria Murphy, an owner of registered land, being of unsound mind (no inquiry under a Commission of Lunacy having been directed), Patrick Murphy was on September 12th, 1916, appointed Committee of her estate by the Lord Chancellor under the summary provisions of sects. 68 and 69 of the Lunacy Regulation (Ireland) Act, 1871 (34 Vict. c. 22). A transfer, dated February 1st, 1918, of the registered lands to Robert Boylan, having been executed by Patrick Murphy, the Registrar of Titles, by ruling, dated May 16th, 1918, refused to register the transferee as owner until the provisions of sect. 75, sub-s. 2, of the Local Registration of Title (Ireland) Act, 1891 (1), should be complied with. From this ruling the Committee appealed. Pigot K.C. (with him J. A. Costello), for the Committee :— Is sect. 75 of the Act of 1891 to be read literally or not ? A distinction ?s taken between a,lunatic so found and a person of unsound mind not so found. It is submitted that the true conÂstruction of the section is that, where a committee of the estate is (1) S. 75 (1). In the case of a lunatic so found by inquisition, the committee of his estate may represent him for all or...