Kenney v Kenney

• Jurisdiction: Ireland
• Judgment Date: 18 February 1870
• Date: 18 February 1870
• Court: Rolls Court (Ireland)

Rolls.

KENNEY

and

KENNEY.

Re Arrowsmith 6 W. R. 742; Seton, 814.

Burrowes v. Molloy 8 Ir. Eq. R. 482.

Quin v. O'keeffeUNK 10 Ir. C. L. R. 393.

Ex parte Collins 6 Ir. Ch. R. 17.

In re Keay's Estate Ir. R. 3 Eq. 659.

Younghusband v. Gisburne 1 D. & Sm. 269.

Smith v. HurstENR 10 Hare, 30.

Horsley v. CoxELR L. R. 4 Ch. 32.

M'Auley v. Clarendon 8 Ir. Ch. R. 121, 568.

Eyre v. DowellENR 9 H. L. C. 619.

Hone v. O'Flahertie 9 Ir. Ch. R. 119, 497.

Eyre v. M'DowellENR 9 H. L. C. 619.

Burowes v. Molloy 8 Ir. Eq. R. 482.

Bond — Agreement to postpone payment of pricipal — Judgment — Stay of Execution — Registration as a Mortgage — Bill for Receiver — Costs.

Vox.. IV.] EQUITY SERIES. 181 any other authority, I will make the order. But, unless you have Rolls. express authority, I think it would not be safe for you to take it. 1870. Mr. Andrews, on the next day (February 3), referred to the In re SMITH'S following passage in Morgan, 80 :-" Where an infant trustee is TRUSTS. also of unsound mind, the case falls within the ordinary jurisdicÂÂÂtion of the Court : Re Arrowsmith (1) ;" but he said that as he had not found any other authority for it, he would not press the moÂÂÂtion. Accordingly, the Master of the Rolls declined to make an order, and directed a petition to the Lord Chancellor, as in this matter, and in lunacy. Solicitors : Messrs. Falkiner and Hone. KENNEY v. KENNEY. Rolls. Bond-Agreement to postpone payment of Principal-Judgment-Stay of 1870. Execution-Registration as a Mortgage-Bill for Receiver-Costs. A bond and warrant of attorney to confess judgment were given to secure the payment of £1000, and interest thereon, with an agreement endorsed on the warrant, that the principal sum of £1000 should not become payable until the•death of P. or J. Judgment was entered, with a stay of execution as in the warrant. The judgment was registered as a mortgage against lands under the 13 & 14 Vict. c. 29. Held, that during the life. of P. and J., the judgment creditor was not entitled to a receiver over the lands. Semble, the judgment was capable of registration as a mortgage, but the registration of it did not give the creditor a remedy in Equity in anticipation of his remedy at Law. Semble, the agreement postponed the payment of the interest as well as the principal. Rule as to costs where a successful defence might have been made by deÂÂÂmurrer. THE Defendant, Plunkett Kenney, being indebted to the Plaintiff, Charles Kenney, in the sum of £1000, executed to him his bond, dated the 15th of February, 1868, with warrant of at (1) 6 W. R. 742; Seton, 814. 182 Bolls. torney to confess judgment thereon, in the penal sum of £2000, 1870 with a condition to the bond making void the same upon payment KENNEY of said sum of £1000, together with interest thereon at the rate of £6 per cent. per annum from the date thereof. At the time of KENNEY. the execution of the bond, an agreement, in the following terms, was entered into between the Plaintiff, Charles Kenney, and the Defendant, which was endorsed on the warrant of attorney, and signed by the said parties : " It is hereby agreed between the within-named Plunkett Kenney and Charles Kenney, that the principal sum of £1000, within-mentioned, shall not become payable until the day of the death of the said Plunkett Kenney, or of Joseph Kenney, now reÂÂÂsiding at Liege, in Belgium. " PLUNKETT KENNEY. " CHARLES KENNEY." On the 24th of February, 1868, and as of Hilary Term, 1868, the Plaintiff, Charles Kenney, by...