Keelan v Garvey

Judgment Date01 January 1927
Date01 January 1927
CourtSupreme Court (Irish Free State)
S. C.,

Husband and wife - Husband in possession of lands as tenant - Husband going away and wife remaining in possession - Wife claiming little to lands as against her husband - Character of wife's occupation - Real Property Limitation Act, 1833 (3 4 Wm. IV., c. 27), s. 7 - Wife's title erroneously registered - Rectification of register - Local Registration of Title (Ireland) Act, 1891 (54 55 Vict., c. 66), s. 34.

Plaintiff's father died in 1896, having by his will bequeathed his small farm to plaintiff, subject to the use of two apartments and a small piece of ground, with other privileges, to his wife (plaintiff's mother), and also subject to the use, by another son, of certain workshops, with two other apartments. In February, 1897, plaintiff married, and he and his wife resided on the farm, where plaintiff's mother and brother also continued to reside. Soon after the marriage quarrels took place between plaintiff and his wife, whereupon, in November, 1897, he left the farm, and did not return until 1923, after the death of his wife. His wife continued to reside at and manage the farm until her death. Plaintiff's mother left the farm in February, 1902, but until her death in 1914 she had the use of the small piece of ground, and received annual supplies of potatoes, &c., from the farm, as directed by her husband's will. In 1908 or 1909 the plaintiff's brother left the farm. On November 1st, 1906, plaintiff's wife signed an agreement for the purchase of the holding under the provisions of the Irish Land Act, 1903. On May 13th, 1909, the holding was vested in her by fiat of the Land Commission, and on November 26th of the same year she was registered in the Land Registry as owner in fee-simple, "subject to equities." On November 16th, 1919, the note on the register in regard to equities was, on her application, cancelled. In her affidavit in support of that application she stated that the plaintiff left the Country in 1897; that he had not since been heard of, and was believed to be dead, and that since his...

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