R v Naghten

• Jurisdiction: Ireland
• Judgment Date: 02 May 1846
• Date: 02 May 1846
• Court: Court of Chancery (Ireland)

Chancery.

REGINA

and

NAGHTEN.

Kelly v. Dolphin 1 Ir. Law Rep. 352.

Walter v. Mace 2 Bar. & Ald. 757.

Donohoe v. Gibbons 1 Smyth, 146.

O'Brien v. Whitlaw 2 Law Rec. N. S. 148.

Peirson v. Fahy 1 Jebb & Bourke, 42.

CASES IN EQUITY. 593 out against him. Under these circumstances a petition was preÂsented under the 1 W. 4, c. 60, s. 5, that a person might be appointed to join in the conveyance of the lands to the purchaser. Mr. Monahan and Mr. Isidore Blake, in support of the petition, cited Prendergast v. Eyre (a); King v. Leach(b); Fellowes v. Till (c). 1846. Chancery. BLAKE V. BLAKE. The Loan CHANCELLOII stated that the petition did not state the case with sufficient accuracy ; but on the petition being amended, for which he gave leave, he should make the order under the authoÂrity of the cases cited; (a) Ll. & G. temp. Sugd. 11. (6) 2 Hare, 57. (c) b Sim. 319. REGINA v. NAGHTEN. SLY= FACIAS on a recognizance acknowledged by Edward Naghten, a tenant under the Court, and two sureties. The recognizance stated that "on the 14th day of May, in the fifth year of the reign of our Sovereign Lord William the Fourth, of the United Kingdom, defender of the faith and soforth, Edward Naghten, of Mallard Lodge in the county of Roscommon, Esq., Edward Naghten, of, &c., and James Kelly of, &c., came before one of the Masters Extraordinary of the High Court of Chancery in. Ireland, and jointly and severally acknowledged themselves to be indebted to our said Lord the King in the sum of £90," &c. The scire facias stated that " whereas on the 14th day of May, &c., Edward Naghten, of Mallow Lodge in the county of RoscomÂmon, Edward Naghten of, &c., and James Kelly of, &c., came before one of the Masters, &c., and jointly and severally acknowledged themselves to be indebted to his said late Majesty in the sum of £90," &c. The defendant pleaded nul tiel record. May S. Recognizance by E. N. of Mallard Lodge ; Scire facias against E. N. of MalÂlow Lodge. On nul tiel reÂcord pleaded ; Held, sufÂficient. 594 CASES IN EQUITY. Mr. J. D. Fitzgerald, in support of the plea, argued that the variance was in the description of the defendant, and that the sews facial was therefore bad. He cited 3 Nelson's Abr. tit. Variance C; Kelly v. Dolphin (a); Walter v. Mace (b); Donohoe v. Gibbon, (e); O'Brien v. Whitlaw (d). Mr. Deasy, contra...