Quinn v McCool & Merritt

• Jurisdiction: Ireland
• Judgment Date: 14 November 1929
• Date: 14 November 1929
• Court: High Court (Irish Free State)

Quinn v. M'Cool and Merritt.

JOHN QUINN

Plaintiff

and

JOHN M'COOL and LUCY MERRITT

Defendants.

Local Registration of Title - Sale by registered owner - Registration of judgment mortgage - Subsequent registration of transfer to purchaser - Priority - Local Registration of Title (Ir.) Act, 1891 (54 & 55 Vict. c. 66), sects. 25, 35.

M'C., who was full registered owner of certain lands, assigned his interest therein by way of sale for valuable consideration to M. on 4th August, 1925. M.'s title was not registered until September 3rd, 1925. On July 8th, 1925, Q. had obtained a judgment against M'C. for a certain sum, but did not register it as a judgment mortgage against the said lands until August 17th, 1925. On an application by Q. to have his judgment mortgage declared well charged on the lands:

Held that the application must be refused, as M'C. at the date of the registration of the judgment had no beneficial interest in the lands which could be affected by the judgment mortgage.

Pim v. Coyle, [1907] 1 I.R. 330, distinguished; In re Murphy,[1928] I.R. 479, applied.

Summary Summons.

John M'Cool was the registered owner under the Local Registration of Title (Ir.) Act, 1891, of the lands of Carn, situate in the County of Donegal. By instrument in writing, dated August 4th, 1925, in consideration of the sum of £338 13s. 3d. owing by him to his sister, Lucy Merritt, he transferred the lands to her. She did not register her title as full owner until September 3rd, 1925. John Quinn, the plaintiff, had obtained a judgment against John M'Cool for the sum of £860 11s. 11d. The statutory affidavit of debt was sworn by the plaintiff on August 7th, 1925, and the judgment was duly registered as a judgment mortgage against the lands on August 17th, 1925.

The plaintiff now applied to have his judgment declared well charged on the lands.

Cur. adv. vult.

Johnston J. :—

The question which has been argued in this case is dependent upon five matters of uncontroverted fact of the simplest possible character. John M'Cool was the registered owner of a farm in Country Donegal, subject to a Land Commission annuity, and

he left Ireland for Canada in 1923, leaving his sister, Lucy Merritt, in possession of his house and farm. On July 8th, 1925, a judgment against him was recovered by John Quinn, the plaintiff, for a sum of £860 11s. 11d., including costs. If that judgment had been registered at once as a judgment mortgage against the lands, the...