Lessee Hobson and Others v Burns

• Jurisdiction: Ireland
• Judgment Date: 28 April 1849
• Date: 28 April 1849
• Court: Queen's Bench Division (Ireland)

Queen's Bench

Lessee HOBSON and others

and

BURNS.

Barrett v. Bermingham Fl. & K. 566.

Hill v. Stawell 2 J. & Sy. 389.

Mƒ€™Carthy v. Oƒ€™Brien 2 Ir. Law Rep. 67.

Dugdale v. Vize 5 Ir. Law Rep. 568.

Grenfell v. Girdlestone 2 Y. & Col. Exch. 662.

Holland v. Clarke 1 Y. & Col. Chan. 151.

Lord St. John v. BoughtonENR 9 Sim. 225.

Lessee of The Corporation of Dublin v. Judge 11 Ir. Law Rep. 8.

Incorporated Society v. Richards 1 D. & W. 289.

Doe d. Spencer v. Beckett 4 Ad. & El. N. S. 601.

Doe d. Groves v. Groves 16 Law Jour. Q. B. 297.

286 CASES AT LAW. E. T. 1849. Queen's Bench Lessee HOBSON and others v. BURNS. April 28. A having ap- EJECTMENT on the title, for the lands of Cloonarcan, in the county plied for her discharge as of Galway. The demise relied on was laid in the name of one an insolvent debtor in 1827, Charles Davis. made the fol lowing state- By a deed of the 12th of February 1777, the property in ques ment in her schedule : - tion was demised to a person named William Birch for a term of "1823, Mor gan Rattler, five hundred years, for the purpose of securing repayment of a sum lessee of E. Hobson, and of £1300, and subject to that term upon trust for the owner of the of G. H. S. was i and W . D., inheritance. A person of the name of Kelly the beneficial £76. 16s. 3d. owner of the property, and after the execution of this deed he made costs of an ejectment, in a lease of it to William Mannion at a yearly rent. The mortgage an ejectment cause in which debt not being paid, and the interest getting arrear, a receiver r Morgan Rat tler was plain- was appointed, to whom Mannion paid rent up to November 1820 ; tiff and myself defendant."- and after his death in 1822 an ejectment on the title was brought " 1824 or thereabouts, by leave of the Court against Margaret Mannion, his widow, the the said Mor gan Rattler, then tenant in possession of the lands ; and one of the demises in debt and costs £108. 16s. 4d. that ejectment was laid in the name of William Davis, the personal claimed for ment mesne rates of representative of William Birch. Judg was obtained in that the lands of ejectment as of Trinity Term 1823, and a habere issued, but was Cloonarcan, in the county of never executed. G., with the costs of judg- In Easter Term 1825 an action for mesne rates was brought ment an ex- ecution. My against Margaret Mannion, and a judgment for the amount had, for husband in his lifetime was which, with the taxed costs of an ejectment, she was arrested in possessed of the lands of October 1827. Margaret Mannion then applied for relief under Cloonarcan in the county of the Insolvent Acts, and in her schedule were the following state-Galway, con taining about ments :-" 1823, Morgan Rattler, lessee of Edward Hobson, forty acres, besides hog, under a lease executed by Edmond Kelly for lives and years. After my husband's death my family and myself continued in possession. In 1824 an ejectment on the title was brought in the name of Lessee Summer and others, to which I took defence, not knowing any title the plaintiff had ; however, on the...