Lynch v Lynch

• Jurisdiction: Ireland
• Judgment Date: 23 November 1878
• Date: 23 November 1878
• Court: Common Pleas Division (Ireland)

C. P. Div.

LYNCH

and

LYNCH.

Bancks v. OllertonENR 10 Ex. 168.

Re OllertonENR 15 C. B. 796, 802.

Bancks v. OllertonENR 10 Ex. 183.

Perrot's CaseENR 2 Vent. 30.

Mansfield's Case 12 Coke's Rep. 123.

In the Matter of Anne ScholefieldENR 3 Bing. N. C. 293.

Goodwright v. Moses 2 W. Bl. 1019.

Teasdale v. BraithwaiteELRELR 4 Ch. D. 85, 90; 5 Ch. D. 630.

In Re Foster and ListerELR 6 Ch. D. 87.

Hartford v. Power Ir. R. 2 Eq. 204.

Prichard v. Prichar 1 Turner & Rus. 222.

Inglefield v. CoghlanENR 2 Coll. 247.

Buckle v Mitchell 18 Ves. 100.

Dickenson v. WrightENR 5 H. & N. 401.

Bayspoole v. Collins 6 Ch. App. 228.

Ford v. StuartENR 15 Beav. 493.

Newstead v. SearlesENR 1 Atk. 265.

Roe v. Mitton 2 Wilson, 356.

Parker v. CarterENR 4 Hare, 409.

Greene v. O'KearneyUNK 2 Ir. C. L. R. 267.

Roberts v. spicerENR 5 Madd. 491.

Tyler v. Lake 2 Russ. & Myl. 183.

Blacklow v. LawsENR 2 Hare, 49.

Wardle v. ClaxtonENR 9 Sim. 524.

Mullins v. GuilfoyleUNK 2 L. R. Ir. 95.

Currie v. NindENR 1 My. & Cr. 17.

Butterfield v. HeathENR 15 Beav. 408.

Hewison v. NegusENR 16 Beav. 594.

Doe v. ManningENR 9 East, 59.

In re Browne's Estate 13 Ir. Ch. R. 283.

Rosher v. WilliamsELR L. R. 20 EQ. 210.

Townsend v. TokerELR L. R. 1 Ch. 446.

Tyrrell v. HopeENR 2 Atk. 558.

Muskerry v. Chinnery 3 Law Rec. (N. S.) 290.

In Re OllertonENR 15 C. B. 796.

In re Foster and ListerELR 6 Ch. D. 87.

Married woman Acknowledgment of deed Interest of Commissioner Setting aside certificate of acknowledgment Discretion of Court 4 & 4 Wm. 4, c. 92. G. O. 1834 41 & 42 Vict. c. 23, s. 4. Valuable consideration Postnuptial settlement.

VoL. II.] Q. B., C. P., & El. DIVISIONS. 501 LYNCH v. LYNCH. a P. Div. 1878. Married woman-Acknowledgment of deed-Interest of Commissioner-Setting aside certate of acknowledgment-Discretion of Court-4 0 5 Wm. 4, Feb. 9. May 13, 14. c. 92-G. 0. 1834-41 0 42 Vict. c. 23, 8. 4- Valuable consideration-Post- Nov. 2. nuptial settlement. In 1849 a feme covert and her husband executed a deed granting her fee-simple lands to A. by way of mortgage to secure a debt contracted by her before marriage, the equity of redemption being limited to trustees in trust for herÂÂself for life, and, after her decease, subject to a further charge in favour of children of the mortgagee payable after her death, in trust for her husband, his heirs and assigns : the husband covenanting for payment of the mortÂÂgage debt. The mortgagee, who was a solicitor, acted: professionally in the preparation of the deed, and was one of two Commissioners by whom her acknowledgment of the deed was taken. The certificate of acknowledgment was filed pursuant to the 4 & 5 Wm. c. 92. The mortgage debt having been paid off, the legal estate in the lands was conveyed by the mortgagee to the trustees of the deed. The wife survived her husband, and after his death demised the lands to B. for thirty-one years, but not reserving the best yearly rent, and by her will she devised the same lands in fee to C., who was B.'s father. The trustees and the husband's heir-at-law having, upon the wife's death, brought an ejectment and obtained a verdict, B., who had taken defence, moved for a new trial, and C., as devisee of the wife, also moved to set aside the certificate of her acknowledgment of the deed. Both motions were made prior to the 9th of May, 1878, and were standing for judgment at the passing of the 41 & 42 Vict. c. 23. Held, 1. That the deed was an instrument for value. 2. That it came within the exception in s. 4 of the 41 & 42 Viet. e. 23, and that therefore the application to set aside the certificate of acknowledgment ought not to be granted, and that the verdict had for the Plaintiffs should consequently stand. The exception in s. 4 includes the case of a grantee claiming directly under an acknowledged deed. JULIA LYNCH, wife of Edward Patrick Crean Lynch, was prior to her marriage seised in fee of the lands of Doogara, and part of the lands of Cloonkelly, in the county of Galway, possesÂÂsion of which she recovered by ejectment in the year 1848. Mr. James Henderson acted as her attorney in that action, and a considerable sum became due to him for the costs of the proceedings. She intermarried with Mr. Lynch, subsequently, in the same year, but no settlement was executed on the occasion of the marriage. A deed was, however, afterwards executed, dated the 20th September, 1849, and made between Edward Patrick Crean Lynch and Julia Lynch of the first part, James Henderson of the second part, and. Thomas Lynch and Patrick Crean Lynch of the third part, by which, after reciting that it was proposed that a mortgage for 500 should be made to James Henderson to secure all moneys due to him for costs, the said Edward Patrick Crean Lynch and Julia Lynch granted the said lands of Doogara and Cloonkelly to James Henderson and his heirs, subject to the proviso for redemption therein contained. The proviso for reÂÂdemption was that on payment to the said James Henderson of 500, or such sum as should be found due to him for costs, with interest, he the said James Henderson, or his heirs, would reconvey said lands to the parties of the third part, and their heirs, upon the following trusts :-in trust for Julia Lynch for life, on her death to raise 100 in trust for three children of the said James Henderson, and subject thereto in trust for Edward Patrick Crean Lynch and his heirs. The deed conÂÂtained a covenant by Edward Patrick Crean Lynch for payment of the mortgage debt. The deed purported to be acknowledged by Mrs. Lynch before two Commissioners for taking the acknowledgments of married women, under 4 & 5 Wm. 4 c. 92, one of whom was Mr. James Henderson, and a certificate of the acknowledgment was filed in the Court of Common Pleas. The sum of 341 19s. 3d., being the sum ascertained to ,be due to Mr. Henderson, having been paid to him, he, by deed dated the 12th July, J858, conveyed the lands to Thomas Lynch and Patrick Crean Lynch, upon the trusts of the deed of the 20th September, 1849. Julia Lynch continued in receipt of the rents and profits of portion of the lands to the year 1874, when her husband Edward Patrick Crean Lynch died, and thereupon she entered into, and thenceforward continued in receipt of the rents and profits of the whole of the lands. By her will, dated the 17th May, 1876, she purported to devise all the lands to her nephew Michael Lynch, and by lease dated the 4th August, 1876, she demised them to his daughter Mary Ellen Lynch for a term of thirty-one years, at the yearly rent of 12. Julia Lynch died on VoL. II.] Q. B., C. P., & EX. DIVISIONS. 503 the 7th May, 1877 ; and on the 14th June, 1877, an action of a P. Div. ejectment on the title to recover possession of the lands was...