Re Carolan & Scott's Contract

• Jurisdiction: Ireland
• Judge: V.-C.
• Judgment Date: 17 May 1898
• Docket Number: (1898. No. 388.)
• Court: Queen's Bench Division (Ireland)
• Date: 17 May 1898

IN RE CAROLAN AND SCOTT'S CONTRACT.

(1898. No. 388.)

Chancery Division

Judgment mortgage — Judgment against one of next-of-kin of intestate — Registration as mortgage against interest in intestate's chattels real — Invalidity of — Power of administrator to sell notwithstanding — 13 & 14 Vict. c. 29.

Bolling v. Hobday 31 W. R. 9.

Hamill v. MurphyUNK 12 L. R. Ir. 400.

In re Molyneux and WhiteUNK 13 L. R. Ir. 382, 390; 15 L.R.

In re Rae's Estate 1 L. R.Ir. 174.

In re WhistlerELR 35 Ch D. 561.

Irish Land Commission v. DaviesUNK 27 L. R. Ir. 334.

Mullane v. AhernUNK 28 L. R. Ir. 105.

Sutton v. SuttonELR 22 Ch. D. 511.

Thomas v. CrossENR 2 Dr. & Sm. 423.

CASES DETERMINED NY THE CHANCERY DIVISION OF THE HIGH COURT OF JUSTICE IN IRELAND, AND ON APPEAL THEREFROM IN THE COURT OF APPEAL. 1899. Ix RE CAROLAN AND SCOTT'S CONTRACT. C. 1898. (1898. No. 388.) May 16, 17. Judgment mortgage—Judgment against one of next-of-kin of intestate—RegisÂtration as mortgage against interest in intestate's chattels real—Invalidity of—Power of administrator to sell notwithstanding-13 4^ 14 Viet. c. 29. The right of a next-of-kin to a share of the personal estate of an intestate, consisting in whole or in part of chattel interests in lands, is not such an estate or interest in the lands as is capable of being attached by a judgment mortgage under 13 & 14 Vict. c. 29, sects. 6, 7. S UMMONS under the Vendor and Purchaser Act, 1874 (37 & 38 " Vict. c. 78). By agreement dated the 31st December, 1897, Hugh J. Scott agreed to buy from Nicholas Carolan, subject to certain condiÂtions, a plot of land called the Flush Farm, held under a lease dated the 13th September, 1856, from William Montgomery to James Carolan, jun., for 3000 years. Condition 5 provided amongst other things :—The vendor is 1899—VoL. I. 2 THE IRISH REPORTS. [1899. V.-C. selling as administrator de bonis non of the said James Carolan, 1898. jun., and the concurrence of the persons beneficially interested In re shall not be required ; and the vendor shall not be required to CAROLAN SCOTT'S enter into any covenant other than the implied statutory covenant CONTRACT. against incumbrances. The following were the facts with respect to the title :—James Carolan, jun., died on the 2nd February, 1877, intestate, leaving as next-of-kin two brothers, the vendor and Charles Carolan, two sisters, Elizabeth Lawlor and Ellen Carolan, and children of a deceased sister. On the 31st March, 1879...