Munster and Leinster Bank Ltd v McCann

JurisdictionIreland
CourtSupreme Court
Judgment Date01 Jan 1937
[S. C., I.F.S.]
Munster and Leinster Bank
Limited
and
McCann

Salvage claim - Judicial tenancy - Equitable deposit of title deeds - Subsequent acquisition of fee simple subject to annuity under Land Acts - Portion of purchase price advanced by Land Commission - Balance advanced by brother - Priority.

The deceased had been judicial tenant of a holding to which the Land Acts applied and had deposited the title deeds with a bank by way of equitable mortgage. He subsequently entered into an agreement with the Land Commission for the sale to him of the holding (which was retained under tale said Acts) in fee simple subject to an annuity, part of the purchase price to be advanced by the Land Commission. Shortly after his death, and in alleged response to a request made before death, his brother advanced the balance of the purchase price and the sale was completed. His brother was one of the two executors and trustees of the will. The lands were subsequently acquired by the Land Commission...

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