Michael Smyth v Myles Byrne and Elizabeth C. Byrne

JurisdictionIreland
JudgeAppeal.
Judgment Date18 November 1913
CourtCourt of Appeal (Ireland)
Date18 November 1913
Michael Smyth
and
Myles Byrne and Elizabeth C. Byrne (1).

Appeal.

CASES

DETERMINED BY

THE CHANCERY DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND,

AND BY

THE IRISH LAND COMMISSION,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL.

1914.

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 declaration 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

the oral evidence given before the County Court Judge, embodied in the Judge's note, and which are incorporated with this case, were proved or admitted before me:—

1. Thomas Smyth, sometimes called Smith, late of Mullicagh, 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. 3r. 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 maintain the testator's three children, Edward, James, and Mary Jane, so long as they should wish to stay, and should they desire to leave the farm when old enough to support themselves, then to put them to some business, or give them some little pecuniary assistance to enable them to earn their living.

3. The said Thomas Smyth died on the 10th day of July, 1899, and probate of his said will was, on the 28th August, 1899, duly granted to Thomas Reilly and Patrick Cunningham, the executors therein named.

4. The said Thomas Reilly and Patrick Cunningham assented to the bequest of the said farm to the plaintiff, and he entered into possession thereof, and paid the rent therefor, and worked and farmed the same.

5. In or about the month of September, 1903, the plaintiff was certified to be of unsound mind, and became an inmate of the Richmond Lunatic Asylum, from which he was afterwards removed to Portrane Asylum, where he now resides. Down to the time he was so certified he always lived on the said farm, and was in receipt of the profits thereof.

6. Shortly after the plaintiff was certified to be of unsound mind...

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1 cases
  • Leonard v Walsh
    • Ireland
    • High Court
    • 1 Enero 1941
    ...was entitled to share in any prescriptive rights ultimately established. Asherv. WhitlockELR, L. R. 1 Q. B. 1, and Smyth v. Byrne, [1914] 1 I. R. 53, applied Leonard v. Walsh. THOMAS LEONARD Plaintiff and ELLEN WALSH and PATRICK J. WALSH Defendants. Statute of Limitations - Death intestate ......

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