Munster and Leinster Bank v Fanning

• Jurisdiction: Ireland
• Judgment Date: 25 February 1932
• Date: 25 February 1932
• Docket Number: (1931. No. 4892/31.)
• Court: High Court (Irish Free State)

I.F.S.]

Munster and Leinster Bank, Ltd.

and

Fanning

Judgment against executrix of deceased debtor - Registration as mortgage on interest of executrix quâ executrix and in her personal capacity - Validity of registration against representative interest - Whether security severable - Validity of registration against persona interest of executrix - Judgment Mortgage Act, 1850 (13 14 Vict. c. 29) - Local Registration of Title (Ir. Act, 1891 (54 55 Vict. c. 66), s. 84.

A judgment creditor is entitled to register his judgment as a mortgage on the personal representative's interest in the registered land of a deceased debtor; and the validity of a mortgage registered against one of two executors named in the deceased debtor's will who alone acted as executor is unaffected by s. 84 of the Local Registration of Title (Ir.) Act, 1891, which provides that the freehold registered land therein mentioned shall, on the death of the owner...