M'Craith v Quin

• Jurisdiction: Ireland
• Judgment Date: 06 March 1873
• Date: 06 March 1873
• Court: Rolls Court (Ireland)

Rolls.

M'CRAITH

and

QUIN.

Harris v. O'Loghlen Ir. R. 5 Eq. 514.

In re Flood's Estate 17 Ir. Ch. R. 127.

Newton v. The Grand Junstion Rail Co.ENR 16 M. & W. 139.

In re Law;er's Estate I. R. 1 Eq. 268.

Borough v. Wiliamson 11 Ir. Eq. R. 1.

In re Morrow's Estate 14 Ir. Ch. R. 44.

Harris v. O'Loghlen Ir. Rep. 5 Eq. 514.

Barnett v. Heron 8 Ir. C. L. R. App. xix.

Herbert v. Greene 3 Ir. Ch. R. 270.

Flood's Estate 17 Ir. Ch. R. 129.

Barnett v. Heron 8 Ir. C. L. R. App. xix.

Judgment — Affidavit register — 13 & 14 Vict. c. 29 — Descripton of judgment — Costs — Receiver pending sale in L. E. Court.

324 THE IRISH REPORTS. [I. R. Ch. App. not evinced any intention, either by consciously exercising the 1873. power, or in any other way, to alter the condition of the subject fund. On the contrary, I think he has most distinctly conveyed it PENNE- FATHER to be his will that the gifts he was making out of his own estate PENNE- should be without prejudice to the settlement. FATHER. The Vice-Chancellor's declaration must therefore be discharged, and a declaration in the contrary sense substituted. The costs of the special case at both sides, both below and here, will come out of the special fund. Order of the Court below reversed, except as to costs. Solicitor for the Petitioners (Defendants below) : Mr. Redington. Solicitors for the Respondents (Plaintiffs below): Messrs. W. Roche Si Son. Rolls. IECRAITH v. QUIN. 1873. March 3, 6. Judgment-Affidavit to register-13 4- 14 Vict. c. 29-Description of judg ment-Costs-Receiver pending sale in L. E. Court. 1. A judgment-entered " for £5000 damages with sixpence for expenses and costs as found by the jury, together with for costs"-was described, in the affidavit to register it as a mortgage, as a judgment " for the sum of £5000, besides sixpence for costs ;" subsequently, the costs of the trial were taxed at £285 17s. 8d., and the words "together with £285 17s. 8d. for costs, making together the sum of £5285 18s. 2d." were added to the record :-Held, that, having regard to the state of the record at the time of registration, the judgment was well registered as a judgment for "£5000 and sixpence costs." 2. Where a judgment had been recovered in an action for damages, and converted into a statutory mortgage a few days before the filing of the bill, the Court appointed a receiver, pending a sale in the Landed Estates Court, over a life estate producing £1800 a year ; there being prior...