Munster and Leinster Bank, Ltd v Hollinshead, Official Assignee, and Johnstone

• Jurisdiction: Ireland
• Judgment Date: 01 January 1930
• Date: 01 January 1930
• Court: Supreme Court (Irish Free State)

[S. C., I.F.S.]

Munster and Leinster Bank, Ltd.

and

Hollinshead, Official Assignee, and Johnstone

Subsequent lease of both lands and chattels at a single rent - Whether rent issues out of the lands exclusively or is apportionable between lands and chattels.

An owner of lands and chattels thereon made an equitable mortgage of both the lands and chattels Subsequently, by virtue of s. 18 of the Conveyancing Act, 1881, he made a lease of both the lands and chattels reserving a single rent. Held, by the Supreme Court (FitzGibbon and Murnaghan, J.J; Kennedy, C.J., dissenting), affirming Meredith, J., that the rent was not apportionable between the lands and the chattels, as the rent issued out of the lands to the exclusion of the chattels. Brown v. Peto,ELRELR[1900] 1 Q.B. 346, [1900] 2 Q.B. 653, applied. Salmon v. Matthews,ENR 8 M. & W. 827, and Hoare & Co. v....