Re Carroll's Estate

• Jurisdiction: Ireland
• Judgment Date: 28 January 1907
• Date: 28 January 1907
• Court: Court of Appeal (Ireland)

In re Carroll's Estate (1).

Appeal.

CASES

DETERMINED BY

THE CHANCERY DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND,

AND BY

THE IRISH LAND COMMISSION,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL.

1907.

Land Purchase Acts — Estate sold insolvent as to capital and income — Order for sale in force at passing of Land Act of 1903 — Portion of estate purchased solvent as to income — Percentage under sect. 48 of Irish Land Act, 1903 (3 Edw. 7, c. 37), payable to vendor.

Held (affirming the decision of Ross, J.), that the percentage on the purchase-money under section 48 of the Land Act, 1903, was payable to C.'s executors.

Appeal from the decision of Ross, J., dated 14th November, 1906, reported [1906] 1 I. R. 661.

The Right Hon. The Attorney-General, The Solicitor-General, and Dudley White, for the Treasury.

H. D. Conner, K.C., and Norwood, for the vendors.

At the date of the passing of the Land Act, 1903 (3 Edw. 7, c. 37), an absolute order for sale by the Land Judge was in force in respect of the estate of O., which was then insolvent both as to capital and as to income. In 1904 a portion of the estate was sold by the Land Judge to C., who re-sold the same to the occupying tenants, under the Act of 1903. The estate in the ownership of C. was solvent as to income; but, on a sale by C. to the tenants, the purchase-money, after redemption of superior interests, proved insufficient to discharge the redemption value of a Board of Works loan:—

Sir Samuel Walker, C.:—

As regards the appeal in Carroll's Estate, it seems to me really unarguable when the facts are stated.

There was an estate being sold in the Land Judge's Court called Ottley's Estate, consisting of several lots, including the lands of Rockfort, with which the appeal is conversant. Joseph A. Carroll had a mortgage for £6,000 on all Ottley's lands. All were sold by the Land Judge except Rockfort, and this was so circumstanced that it could not be easily sold. The lots sold did not produce enough to pay Carroll by a sum of about £300, and he, considering it most for his interest, bought Rockfort, and obtained a regular conveyance of it.

After be got his conveyance, and while absolute owner, he sold Rockfort to the tenants for a sum of £2,650, all of which was advanced by the Land Commission. His executors claimed, before Judge Ross, to be paid the bonus on the purchase-money. Judge Ross decided that a bonus was payable, and an appeal has been taken by the Treasury and sought to be...