Re Edward Sandiford Power's Estate; John Taylor, Appellant

• Jurisdiction: Ireland
• Judgment Date: 12 November 1860
• Date: 12 November 1860
• Court: Court of Appeal in Chancery (Ireland)

Ch. Appeal.

In re EDWARD SANDIFORD POWER'S ESTATE; JOHN TAYLOR,

Appellant.

M'Dowell v. WheatleyIR 7 Ir. Com. Law Rep. 562.

Roublot v. Boutell 5 Jur., N. S., 548.

Blackwell v. England 8 Ell. & Bl. 541.

Crosbie v. MurphyIR 8 Ir. Com. Law Rep. 301.

In re Fitzgerald's Estate Ante, p. 278; S. C., 5 ir. Jur., N. S., 205.

In re Ferrall 5 Ir. Jur., N. S., 274.

Richard v. IsaacENR 1 Cr., M. & R. 136.

288 CHANCERY REPORTS. 1860. Ch. Appeal. In re EDWARD SANDIFORD POWER'S ESTATE; JOHN TAYLOR, Appellant. Nov. 12. If an affidavit, Tuts was an appeal against an order made by Judge Dobbs, in the filed for the purpose of re- Landed Estates Court, by which he disallowed a judgment' mort gistering a registered by the appellant against the lands sold in this judgment as a gage) mortgage, matter, upon the ground that the judgment had not been duly under the pro visions of there gistered as mortgage, under the provisions of the 13 & 14 13 & 14 Vic., c. 29, substan- Vic c. 29• daily complies with the re- John Taylor, the appellant, obtained a judgment as of Trinity quirements of the 6th section Term 1858, against Edward Sandiford Power, the owner, for 3559. of that statute, it is sufficient. 12s. 4d., with 3. 3s. Od. for costs ; and on the 3rd of August 1858, Therefore, where such an registered the same as a mortgage, under the 13 & 14 Vic., c. 29. affidavit was The affidavit sworn at the time of the registration was as follows :- entitled in the same words as " In the Court of Exchequer. the record of the judgment, " John Taylor, of No. 116 Grafton-street, in - n (i stated John Taylor, of 116 Graf: and the city of Dublin, solicitor, Plaintiff. ter alia), that "J. T., the Edward Sandiford Power, of No. 7 Wilton- Iton-street, in the county of plaintiff, by name and place, Belgrave-square, in the county of the the city of Dublin, solicitor, Middlesex, England, Esq., Defendant. description of J. T., of 116 And the Act of the 13 & 14 Vic., c. 29. aged thirty years and upÂÂGrafton-street, wards, the plaintiff in this cause, maketh oath and saith, that he, in the city of Dublin, soli this deponent, John Taylor, the plaintiff, by the name and descrip citor, did, on thely 15th1858, of tion of John Taylor, of No. 116 Grafton-street, in the city of J u oh- taro a judg- Dublin, solicitor, did, on the 15th day of July, in the year of our ment in the Court of Ex- Lord 1858, and in or as of Trinity Term, in the said year of our chequer, against the Lord 1858, obta'in a judgment in Her Majesty's Court of Exchequer defendant in this cause, by the name and description of E. S. P., of, &c., . . . . that the usual or last-known place of abode of the said E. S. P., the defendant in this cause, the person whose estate is intended to be affected by the registration of this affidavit, is at, &c. . . . that,,to the best of deponent's knowledge and belief, the said E. S. P., the defendÂÂant in this cause, is, at the time of swearing this affidavit, seised or possessed of," &c., &c.- Held-First, that the above affidavit...