Levingston v Somers [Supreme Court.]
| Jurisdiction | Ireland |
| Court | Supreme Court |
| Judgment Date | 16 December 1941 |
| Date | 16 December 1941 |
(H.C., S.C.),
Levingston
and
Somers
Receiver appointed by owner of lands under power of attorney - Death of owner of lands - Life interest in lands bequeathed by owner to his wife - New power of attorney - Whether valid - Lease by receiver for500 years - Whether receiver had power to grant lease - Ejectment for non-payment of rent -Action to recover rent due - Lessee out of possession not estopped from denying his landlord's title -Counterclaim for damages for breach of warranty Landlord and Tenant (Ir.) Act, 1860 (22 23 Vict. c. 154), s. 3 - Conveyancing Act, 1882 (45 46 Vict. c. 39), s. 8, sub-ss. 1, 2.
By deed, dated the 9th September, 1929, the owner of certain lands, which were mortgaged to a bank, appointed L. receiver with power (inter alia) to grant leases in his own name. The powers given under the receivership deed...
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5 cases
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Harrison v Wells
... ... Lord Justice Salmon ... 1962. H. No. 143 In The Supreme Court of Judicature Court of Appeal Appeal from Order of Percy ... learned judge then goes into the facts of the case and says this: "Somers" (that is the tenant) "has been evicted from the promises by his former ... I am of opinion that he is entitled to do so, and that Levingston cannot now rely upon the lease for any purpose whatsoever. When the ... ...
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Industrial Properties (Barton Hill) Ltd v Associated Electrical Industries Ltd
...to have sued the tenant in trespass or for mesne profits or perhaps, for waste. I respectfully agree with Lord Justice Harman that Levingston v. Somers was correctly decided on its facts, it being a case where the lessee, was at risk at the instance of the owner of the legal estate and wasa......
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The Leinster Leader Ltd ((in Liquidation)) v Formpress Publishing Ltd
...an application to the High Court for restoration to the Register must be made “ within 20 years after the dissolution of the company.” 2 [1941] IR 183 at p. ...
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Somers v Erskine (No. 2)
...appeal will be dismissed. (1) [1941] I. R. 183. (2) See Somers v. Erskine [1943] I. R. 348. (1) Reported sub. nom.Levingston v. Somers [1941] I. R. 183. (1) 1 Cab. & E. (2) 5 B. & C. 259. (3) 3 B. & Ald. 626. (4) 17 L. R. Ir. 543. (5) 31 Ch. D. 177. (6) 9 Ex. 341. (1) [1941] I. R. 183. (2) ......
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