Mahalm v M'Cullagh and Scottish Amicable Life Assurance Society

• Jurisdiction: Ireland
• Judgment Date: 04 December 1891
• Date: 04 December 1891
• Court: Court of Appeal (Ireland)

Appeal.

Before LORD ASHBOURNE, C., PALLES, C. B., and BARRY, L. J.

MAHALM

and

M'CULLAGH AND SCOTTISH AMICABLE LIFE ASSURANCE SOCIETY

Arranging debtor — Promise to pay debt discharged by certificate — Corrupt agreement by creditor as to composition — 20 & 21 Vict. c. 60, s. 147 — 35 & 36 Vict. c. 58, ss. 64, 76 & Corroboration of claim estate of dead man.

Monroe, J. recover money is no less a proceeding because it may turn out in 1892. the end to be 'ineffectual. In re I hold, therefore, that the filing of a petition for sale in the STINSON'S ESTATE, Landed Estates Court by an incumbrancer is a proceeding to recover money charged on land within the meaning of the 8th section of the Real Property Limitation Act, 1874, and prevents the statute from running from that date as against the petitioner until it has been dismissed. The Court has full jurisdiction to dismiss the petition if the proceedings be not carried on with reasonable diligence. The cause shown must be disallowed and the conditional order for sale made absolute with costs. Solicitorforthepetitioner:Wnton. • Solicitor for the owners : S. C. DI' Cormick. W. G. Appeal. MAHALM v. M'CULLIGH AND SCOTTISH AMICABLR 1891. LIFE ASSURANCE SOCIETY (1). Dee. 3, 4. Arranging debtor-Promise to pay debt discharged by certificate-Corrupt agreement by creditor as to composition-20 (S. 21 Vict. c. 60, s. 147Â35 (5- 36 Vict. a. 58, ss. 64, 76-Corroboration of claim against estate of dead man. APPEAL by the plaintiff, the administratrix of Wm...