National Bank v Shanahan

JurisdictionIreland
CourtHigh Court (Irish Free State)
Judgment Date01 January 1932
Date01 January 1932
[H. C., I. F. S.],
National Bank
and
Shanahan

Delivery of possession by mortgagor to mortgagees - Order LV., rr. 7, 11 - 1926, Order III., r. 1 (iv) (p) -"Special circumstances" - Licence renewed at mortgagee's expense - Purchaser available.

X.executed in favour of Y. a deed of mortgage of his leasehold licensed premises. X. failed to pay the interest on the mortgage and Y. was compelled to pay the duty in order to keep the licence alive. Y. also had to pay a year's rent and costs to prevent the premises being evicted by the landlord. Y. had received a good offer for the purchase of the premises, and issued and served an Originating Summons (Summary) under R. S. C. 1905, Order LV. rr. 7, 11, and Rules of the H. C. and S. C., 1926, Order III, r. 1 (iv) (p), claiming, inter alia, to have delivery of possession of the mortgaged premises handed over by the defendant to the plaintiffs forthwith. Held, follow...

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1 cases
  • Irish Permanent Building Society v Ryan
    • Ireland
    • High Court
    • 22 January 1950
    ...will allow a stay of execution for a period of three calendar months from this date. (1) [1916] 1 I. R. 70. (2) 40 I. L. T. R. 186. (3) 66 I. L. T. R. 120. Irish Permanent Building Society and Ryan Delivery of possession by mortgagor to mortgagee - Originating summons - Provision in mortgag......

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