M'Ardle v Glenny

• Jurisdiction: Ireland
• Judgment Date: 22 November 1869
• Date: 22 November 1869
• Court: Exchequer (Ireland)

Exchequer.

Before FITZGERALD, HUGHES, and DEASY, BB.

M'ARDLE

and

GLENNY

Patten v. Patten Alc. & Nap. 496.

Waring v. DewberryENR 1 Strange, 97.

Tharpe v. StallwoodUNK 5 M. & G. 760.

Woolley v. ClarkENR 5 B. & Ald. 744.

Yorston v. FetherENR 14 M. & W. 854.

Richards v. Evans 10 Q. B. 476.

Beckford v. BeckfordENR Hob. 245.

Martin v. FullerENR Comb. 371.

Pott v. SwayneENR 8 B. & C. 285.

Ejectment Non-payment of rent by Administrator Letters of Administration granted after Action brought.

628 THE IRISH REPORTS. Exchequer. pleas to each of the three counts, I am still of opinion that the de-1869. murrer must be allowed. 31[AGEE As applied to the first count, the argument of the Defendant assumes that there was, or could be, no contract made after the 7th FARRELL. August, 1866. If there were, then such contract could not be reÂÂleased by the deed of that date. Mr. Kelly is quite right in saying that a covenant absolute not to sue is equivalent to a release to prevent circuity of action ; but there must, to give it that operation, be some subject matter in esse capable of release-something upon which an action may be founded, though in !alum. Applying the plea to each of the other counts, the objection holds still more strongly. HUGHES and DEASY, BB., concurred. Demurrer allowed. Attorney for the Plaintiff : C. G. Bytui. Attorney for the Defendant : R. F. Wilkinson. M'ARDLE v. GLENNY (1). Ejectment-Non-payment of rent by Administrator-Letters of Adminis tration granted after Action brought. Ejectment for non-payment of rent is not maintainable by an administrator to whom letters of administration had not been granted until after action brought, although they were produced at the trial. NEW trial motion. Ejectment for non-payment of rent. The action was brought by the Plaintiff as administratrix of John 1WArdle, deceased, who died in the year 1860, having admittedly received rent for the premises the subject of the ejectment up to the last gale day before his decease. The interest of the said John 31`Arclle, deceased, in the premises, was a chattel one. No rent was paid from the date of his death up to the time of bringing this (1) Before FITZGERALD, HUGHES, and DEASY, BB. Vox,. III.] COMMON LAW SERIES. action, and seven years' rent was then due out of the premises. The Plaintiff, who was his widow, had. applied for letters of admiÂÂnistration in January, 1869, in the District Registry of Armagh ; and the usual letter, bearing date 29th January...