Nally v Nally and Others

• Jurisdiction: Ireland
• Court: High Court
• Judgment Date: 01 January 1953
• Date: 01 January 1953

Nally v. Nally and Others.

ELLEN NALLY

Plaintiff

and

JOHN NALLY, BRIDGET LOFTUS, MARY DOWNEY and KATE PRENDERGAST

Defendants.

Evidence - Admissibility - Lost deed - Original deed not stamped - Secondary evidence - Stamped copy admissible to prove contents of original deed.

Appeal from the Circuit Court.

Michael Nally, the registered owner of the lands the subject-matter of Folio No. 11291, Register of Freeholders, County of Mayo, died on the 9th March, 1920, leaving him surviving, his widow, Catherine Nally, and six lawful children his only next-of-kin, namely, Robert Nally, Margaret Atkinson and the four defendants. Letters of administration to the estate of Michael Nally were granted to the said Robert Nally, on the 12th July, 1920. By an indenture, dated the 6th March, 1926, the said Catherine Nally, Margaret Atkinson, and each of the defendants assigned and transferred to the said Robert Nally all their respective estates and interests in the said lands and in the estate and effects of the said Michael Nally in consideration of the payment by the said Robert Nally of the sum of £700 to the defendant, John Nally, and of a charge in favour of the said Catherine Nally of a right to reside in the dwelling-house situate on the said lands and to be supported, clothed, and maintained therein. The said indenture was, after its execution, sent to the proper office of the Revenue Commissioners by the solicitor for the parties thereto for the...