Michael Smyth v Myles Byrne and Elizabeth C. Byrne

JurisdictionIreland
CourtCourt of Appeal (Ireland)
Judgment Date18 Nov 1913

Appeal.

Before O'BRIEN, L.C., and HOLMES and CHERRY, L.JJ.

MYLES BYRNE AND ELIZABETH C. BYRNE
and

MICHAEL SMYTH

Dempsey v. WardIR [1899] 1 I. R. 463.

Farrell v. MaherDLTR 42 I. L. t. R. 156.

Howard v. Earl of ShreusburyELR L. R. 17 Eq. 378.

In re Biss; Biss v. Biss 2 Ch. 40 at p. 61.

In re Biss; Biss v. BissELR [1903] 2 Ch. 40.

Keech v. Sandford 2 Wh. & Tu. L. C., 8th ed., p. 706.

Maguire and M'Clelland's ContractIR [1907] 1 I. R. 393.

Quinton v. Frith 1 R. 2 Eq. 396.

Lunatic — Entry on lands of — Bailiff — New letting — Constructive trust — Graft.

Va.. I.] CHANCERY DIVISION. The order was as follows :—" The Court doth declare that the assessment of 28. 6d. per running foot, made by the plaintiffs, is a charge on the interest of the defendant in the house and premises No. 62 Mountjoy Square, and is enforceable in equity by the appointment of a receiver over, or sale of, the said house and premises ; either of the parties to be at liberty to apply to the Court as they may be advised. Solicitor for the plaintiffs: W. V. Seddall. Solicitors for the defendant : Thomas Franks 4. Son. W. L. MICHAEL SMYTH v. MYLES BYRNE AND ELIZABETH C. BYRNE (1). Appeal. 1913. , Nov. 18. Lunatic—Entry on lands of—Bailiff'—New letting—Constructive trust— Graft. The doctrine applicable to entry on the lands of a minor applies also to entry on the lands of a lunatic. A person entering on the lands of a lunatic, with notice of the lunacy and of the rights of the lunatic, becomes a bailiff in respect of the lunatic's estate in the lands, and where the lands are held by the lunatic under a contract of tenancy, and a new letting is subsequently made to the person so entering, such new letting will be deemed a graft on the old tenancy. Farrell v. Maher (42 I. L. T. R. 156) not followed. CASE STATED by the Right Honourable Mr. Justice Ross on the hearing of an appeal under the 43rd section of the County Officers and Courts (Ireland) Act, 1877, as follows : The equity civil bill in this case was brought by Michael Smyth, of Portrane, in the Co. of Dublin, farmer, a person of unsound mind, not so found by inquisition, by Sir Augustine F. Baker, his next friend, against the defendants, Myles Byrne, farmer, and Elizabeth C. Byrne, his wife, and claimed a declaraÂtion that the plaintiff was entitled to possession of a certain farm of land, and that the defendants held the same as trustees for the plaintiff. The following facts, which appear from the documents read before the County Court Judge, set out in the Registrar's note of (1) Before O'BRIEN, L.C., and HOLMES and CHERRY, L.JJ. 54 THE IRISH REPORTS. [1914. Appeal. the oral evidence given before the County Court Judge, embodied 1913. in the Judge's note, and which are incorporated with this case, SIEf were proved or admitted before me : v. BYRNE. 1. Thomas Smyth, sometimes called Smith, late of Mullieagh, in the Co. of Wicklow, farmer, was, at the respective dates of his will and death, absolutely entitled at law and in equity as tenant from year to year to the tenant's interest in the farm of land known as part of the lands of Mullicagh Lower, with the house and offices thereon, containing 38A. 3a. 6p. statute measure, situate in the parish of Hollywood, barony of Lower Talbotstown, and Co. of Wicklow, subject to the payment of the yearly rent of £17 17s. 6d. 2. The said Thomas Smyth made his will, dated the 4th day of July, 1899, and thereby bequeathed his interest in the said farm, together with all his other property, to the plaintiff, subject to the right of his, the testator's, wife to remain on the farm, and to be supported and maintained there, or, at her option, to receive the sum of £100 in lieu of such rights of residence, support, and maintenance ; and subject to the liability to support and...

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1 cases
  • Leonard v Walsh
    • Ireland
    • High Court
    • 1 January 1941
    ...was entitled to share in any prescriptive rights ultimately established. Asher v. Whitlock, L. R. 1 Q. B. 1, and Smyth v. ByrneIR, [1914] 1 I. R. 53, applied. Martin Maguire J. :— I had intended to reserve judgment, but as my mind is now made up as to the proper decision in this case no use......

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