Lynch, Petitioner; Nolan, Respondent. Brown and Others v Nolan and Others

• Jurisdiction: Ireland
• Court: Rolls Court (Ireland)
• Judgment Date: 08 July 1846
• Date: 08 July 1846

Rolls.

LYNCH,

Petitioner;

NOLAN,

Respondent.

BROWN and others

and

NOLAN and others.

CASES IN EQUITY. 57 LYNCH, . . . . . . Petitioner ; NOLAN, . . . . . Respondent. And two other Matters. BROWN and others v. NOLAN and others. July 8. MIL W1T.T.1 A M SMITH applied on behalf of the plaintiffs in the cause, that the receiver appointed in the first matter, and extended to the other matters, might be extended to the cause. The bill was filed to raise the amount of certain old judgments affecting the inheritance of the lands of the principal defendant. The judgments of the petitioners were puisne to the former, and affected the life estate only, and they had been made answering defendants in the cause. An answer had been filed after the notice of the present motion had been served (upon the last day of Trinity Term) by the principal defendant Nolan, who had signed a consent for the extension of the receiver: the other defendants had not answered, nor was their time for answering expired. Mr. Monahan, for the petitioner in the first matter. The motion cannot be granted, as no answer was filed when the notice was served, nor have the other judgment creditors answered yet. The extension of the receiver would displace the right of the petitioner Lynch to any rents which may have been collected by the receiver. The effect of granting the application would be to extend, by means of a consent, the receiver now, who could not...