Leonard v Walsh

• Jurisdiction: Ireland
• Judgment Date: 01 January 1941
• Date: 01 January 1941
• Court: High Court

Leonard

and

Walsh

- Death intestate of registered owner of lands - Certain next-of-kin in possession of lands - Other next-of-kin out of possession for over twelve years - Lunacy of one of next-of-kin in possession - Removal of lunatic to mental home before expiration of prescriptive period - Whether next-of-kin in possession as bailiffs for lunatic - Whether prescriptive rights acquired by lunatic.

One of several members of the family of an intestate owner of registered land, who were each entitled to an undivided share in the intestate's estate and who were together in process of acquiring by prescription the shares therein of the other next-of-kin of the intestate, became a lunatic and was removed to a mental home before the period of prescription had run in his favour. Held, that those members of the family who continued in occupation of the land had been in possession of...