Re Estate of National Bank; Dillon v Montgomery and Kehoe

• Jurisdiction: Ireland
• Judgment Date: 01 January 1944
• Date: 01 January 1944
• Court: Supreme Court

(App. Trib., S.C.),

In re Estate of National Bank; Dillon

and

Montgomery and Kehoe

List of vested holdings -Notice of intention to amend list - Judicial tenancy - Legal mortgage executed by tenant to trustees of marriage settlement - Fee simple interest in the lands subsequently acquired by tenant in year 1919 - Declaration against merger contained in conveyance of lands to tenant -Legal mortgage of fee simple executed by tenant to Bank - Whether the lands were "held under any contract of tenancy" at the date of the passing of the Land Act, 1923, so as to be "tenanted land"within the meaning of s. 73, sub-s. 2 - Land Act,1923 (No. 42 of 1923), ss. 24 and 40 and s. 73, sub-s. 2 - Land Act, 1931 (No. 11 of 1931), ss. 9 and 10.

Section 73, sub-s. 2, of the Land Act, 1923, provides:—"The expression 'tenanted land' means land hold under any contract of tenancy other than a fee farm grant, or lease renewable for ever for lives or years or lease for a term of years of which sixty or more are unexpired at the date of the passing of this Act, or a letting for the purpose of temporary depasturage, agistment or conacre, or for temporary convenience, or to meet a temporary necessity . . ." In the year 1906, in consideration of money lent to him by the trustees of his marriage settlement, D., a judicial tenant of certain lands, executed a legal mortgage to the trustees of his interest in the lands as judicial tenant. He acquired the fee simple interest in the lands by a conveyance, dated the 3rd September, 1919; the conveyance contained an express declaration against the merger of the judicial tenancy. On the 20th September, 1919, he executed a legal mortgage of the fee simple interest to a bank. On the 16th September, 1936, the bank, as mortgagees in possession, lodged in the Land Commission the prescribed particulars relating to the lands pursuant to s. 40, sub-s. 1, of the Land Act, 1923. On the 2nd March, 1937, the Land Commission published a list of vested holdings but...