Peter Geraghty v George Abbott

• Jurisdiction: Ireland
• Judgment Date: 03 December 1844
• Date: 03 December 1844
• Court: Exchequer of Pleas (Ireland)

Exch.of Pleas.

PETER GERAGHTY

and

GEORGE ABBOTT.

Paddon v. BartletENR 3 Ad. & E. 885, 895.

Blake v. DarcyENR 4 Sau. & Sc. 493.

Knox v. KellyUNK 1 Dru. & Wal. 542.

Knox v. Kelly 1 Dru. & Walsh, 542.

Blake v. DarcyENR Sau. & Sc. 499.

Hickson v. Collis 1 Jones & L. 120.

Stewart v. CottinghamUNK 6 Ir. Eq. rep. 248.

Warrens v. O'Shee 5 Law Rec. N. S. 77.

ENR UNK Blake v. Darcy, Sau. & Sc. 423; S. C. 1 Dru. & Wal. 559.

UNK Know v. Kelly, 1 Dru. & Wal. 542.

UNK 1 Dru. & Wal. 560, n. et seg.

Hickson v. Collis, 1 Jones & L. 120.

See Know v. Kelly, 1 Drury & Walsh, 542.

Latouche's ReportsUNK p. 120; S. C. 6 Ir. Eq. Rep. 524.

Hickson v. CollisUNKENR 6 Ir. Eq. Rep. 524; S. C. 1 Jones & Lat. 120.

ENR In Blake v. Darcy, Sau. & Sc. 493.

ENR In Hickson v. Collis, 1 Jo. & La. 120.

Hickson v. CollisUNK 6 Ir. Eq. Rep. 543.

60 CASES AT LAW. M. 'f. 1844. Exch. of Pleas. PETER GERAGHTY v. GEORGE ABBOTT. June 7. (Exchequer of Pleas) Dec. 3. The 2nd SCI RE FACIAS to revive a judgment against the heir and tertenants section of the of the conusor. 9 G. 4, c. 35, • which relates The writ, which bore teste the 13th of June, in the 5th year of to judgments the Queen, recited a judgment recovered upon confession by Peter entered within 20 years before Geraghty against Samuel Abbott in Easter Term, 49 G. 3 (1809), the passing of Act, does for £200 debt, and £2. 10s. 6d. costs. the not apply to It further recited that, after the recovery of the judgment, Peter the case of purchases Geraghty died, but that before his death he duly made and published made before his last will and testament, and thereof appointed Patrick Geraghty, that Act ; Held, there- Christopher Bellew, and James Geraghty, executors ; that the said fore, that a Patrick alone obtained probate of the will, saving the rights of his j udgment entered in co-executors; that afterwards the said Patrick Geraghty, Christopher Michaelmas Term 1809, Bellew, and James Geraghty died, whereupon administration cum did not lose its testamento annexo de bonis non of Peter Geraghty (the conusee of priority over a subsequent conveyance for valuable conÂsideration exÂecuted on the 20th SeptemÂber in the same year, although the judgment was not reÂvived or redocketed since the entry thereof, nor within five years after the passing of the 9 G. 4, c. 35. Knox v. Kelly, 1 Dru. & Veal. 542, commented on. CASES AT LAW. 61 indenture of release of the 25th of January 1800, and not of any -M. T. 1844. . lea other estate or interest therein whatsoever, to wit, at Ballymageraghty Exch ofP s. aforesaid ; that after the rendition of the said judgment, and before GERAGHTY the issuing of the said first-mentioned writ of scire facias, and while • V. the said Samuel was so seized of the said lands and tenements, to ABBOTT. wit, of the estate and interest in said lands and tenements created in and by said indentures of lease and release of the 24th and 25th of January 1800, to wit, on the 19th of September 1809, at &c., aforesaid, by a certain indenture of bargain then and there made between the said Samuel Abbott, of the first part ; the Rev. Alexander Gunning, and Mary Gunning, of the second part ; and Thomas Abbott, and Oliver Goldsmith Hudson, of the third part (the date whereof is the day and year last aforesaid) ; he the said Samuel Abbott, for the considerations therein mentioned, did bargain and sell the said lands and tenements unto the said Thomas Abbott and Oliver Goldsmith Hudson, their executors, administrators and assigns, to have and to hold same for the term in said indenture mentioned, to wit, for the term of one whole year commencing from the day next before the day of the date of said indenture, and thenceÂforth fully to be completed and ended (but which said indenture being lost, the said George was unable to produce or bring into Court) ; by virtue of which said indenture the said Thomas Abbott and Oliver G. Hudson were possessed of the said lands and tenements for the term so thereof made as last aforesaid, the reversion thereof belonging to the said Samuel Abbott, his heirs and assigns. That the said Samuel being so interested as aforesaid, and the said Thomas Abbott and Oliver G. Hudson being so possessed of the said lands and tenements so bargained and sold as last aforesaid, for the residue of the said term so thereof granted as aforesaid, afterwards and before the issuing of the said first-mentioned writ of scire facias, to wit, on the 20th of September in the year 1809, at &c., aforesaid, by a certain other indenture of release then and there made between the said Samuel Abbott of the first part ; the said Reverend Alexander Gunning, and Mary Gunning, of the second part ; and the said Thomas Abbott, and Oliver G. Hudson, of the third part (which said last-mentioned indenture, sealed with the seal of the said Samuel, the said George brought into Court, &c., was, &c.) ; he the said Samuel Abbott, for and in consideration of the then intended marriage of him the said Samuel with the said Mary, and of the sum of £800, late Irish currency, the marriage portion of the said .Mary, to him the said Samuel, by the said Alexander then and there, in hand paid, did grant, bargain, sell, release, confirm, assign, transfer, and make over unto the said Thomas Abbott and Oliver G. Hudson; 62 CASES AT LAW. M. T. 1844. and to their heirs and assigns, all that and those the said lands and F.xckmf'Plate. tenements, to have and to hold the said lands and tenements, With the GERAGHTY rights, members and appurtenances, unto the said Thomas Abbott W. and Oliver G. Hudson, their heirs and assigns, for and during the ABBOTT. life and lives of the said Thomas Abbott and George Abbott, and Samuel Abbott, and the survivors and survivor of them, and for and during the lives and life of all and every such other person and persons as should, from time to time, for ever thereafter be named and added thereto, by virtue of the covenant for renewal, upon the trusts, and to and for the several uses, intents and purposes therein-after mentioned, expressed and declared, of and concerning the same; that is to say, upon trust to permit and suffer the said Samuel Abbott, his heirs and assigns, to receive and take the rents, issues and profits of the said lands and premises until the solemnization of the said intended marriage, and from and immediately after the solemnization thereof, then to permit and suffer the said Samuel Abbott, and his assigns, to receive and take the rents, issues, and profits thereof for and during his natural life ; and from and immediately after the decease of the said Samuel Abbott, then upon trust, and to the intent and purpose that the said Mary Gunning his intended wife, and her assigns, in case she should survive the said Samuel Abbott, should and might yearly, and every year during her natural life, have, receive and take, by and out of the rents, issues and profits of the said lands and premises, one annuity or yearly rent-charge of £100 sterling, &c. ; and from and immediately after the decease of the said Samuel Abbott, then as to, for and concerning the said lands and premises so granted and released, subject to the aforesaid annuity or yearly rent-charge, and to the sum of £800 sterling, which the said Samuel Abbott was thereby empowered to charge thereon for such uses as thereinafter mentioned, upon trust for and to the use and behoof of all and every the children of the body of the said Samuel Abbott, on the body. of the said Mary Gunning lawfully to be begotten, if more than one in such shares and proportions, manner and form, as the said Samuel Abbott should by any deed or instrument in writing, or by his last will and testament duly executed, direct, limit and appoint, and in default of such appointÂment, then to the use and behoof of such children in equal shares find proportions between them, &c. ; as by mid indenture, reference being thereunto had, &c. That afterwards and before the issuing of the said first-mentioned writ of wire facias, to wit, on the 20th day of September 1809, at the pine aforesaid, said marriage between the said Samuel and the said Mary was duly had and solemnized, and that there was and still CASES AT LAW. 63 are seven children, issue thereof; living, to wit, the said George H. T. 1844. Abbott, Alexander Abbott, Netterville Abbott, William Hudson Excl"."-Pie" Abbott, Elizabeth Abbott, Isabella Smyth otherwise Abbott, and Gmu.s.GaTi• Oliver Abbott. That afterwards, and before the issuing of the said V. first mentioned writ of scire facias, to wit, on the 1st day of January ABBOTT. 1824, at the place aforesaid, the said Samuel Abbott departed this life leaving the said George, Alexander, Netterville, William Hud- • son, Elizabeth, Isabella and Oliver, his only children, and said Mary his widow him surviving ; and that the said Samuel so departed this life without in anywise limiting or appointing the said lands and tenements, or any part thereof. The plea then averred that said judgment was recovered in the Court of Exchequer within twenty years next before the passing of the Act passed in the ninth year of the reign of his late Majesty King George the Fourth, entitled " An Act to protect purchasers for valuable consideration " in Ireland against judgments not revived or redocketed within " a limited time,"* to wit, nineteen years next before the passing of said Act, and more than twenty years next before the issuing of said first mentioned writ of scire facias, to wit, thirty-two years before the issuing of said first mentioned writ of scire facias. That under and by virtue of said last mentioned indenture of release, 9 G. 4, c. 35, s. I.-Whereas great difficulties are frequently found to arise in making out title to freehold property in Ireland, by reason not only of the number of old outstanding judgments in the respective Courts of King's Bench, Common Pleas, and Exchequer, in that...