Re Estate of the Irish Land Commission (formerly Tyrrell's Estate)

• Jurisdiction: Ireland
• Court: High Court
• Judgment Date: 08 February 1938
• Date: 08 February 1938
• Docket Number: (Record No. S. 7679.)

(Record No. S. 7679.)

In re Estate of Irish Land Commission (formerly Tyrrell's Estate).

In the Matter of the Estate of the IRISH LAND COMMISSION (formerly the Estate of the Representatives of MICHAEL TYRRELL

Deceased).

Land Purchase - Allocation schedule - Claim by Irish Land Commission for expenses occasioned by delay of former owner in giving up possession - Expenses incurred after "appointed day" - Estate insolvent - Mortgagee entitled to residue of purchase money - Land Act, 1923 (No. 42 of 1923),sect. 3; Land Bond Act, 1925 (No. 25 of 1925), sect. 4.

Allocation Schedule.

The lands referred to in the title hereof were acquired by the Irish Land Commission under sect. 24 of the Land Act, 1923. The 19th February, 1936, was fixed as the appointed day under that Act for the vesting of the lands in the Land Commission. For several years prior to this date the lands had been in the possession and occupation of Joseph P. Tyrrell, the personal representative of Michael Tyrrell, deceased, the former owner. On the appointed day, Joseph P. Tyrrell refused to vacate the lands and, after protracted negotiations, the Land Commission, on the 20th April, 1937, obtained an order for possession under sect. 19 of the Land Act, 1927 (No. 19 of 1927); on the 28th July, 1937, this order was enforced by the sheriff.

The Land Commission claimed payment out of the purchase money of a sum of £98 18s. 3d., made up as follows:—

Interest at 43/4 per cent. on the purchase money (£1,100) from 19th February, 1936, to 28th July, 1937	£75 3 0
Legal costs of obtaining possession	£8 13 0
Rates from 31st March, 1936, to 28th July, 1937	£15 2 3
	-----------
	£98 18 3

The estate was insolvent, having been mortgaged to the Hibernian Bank, Ltd., for a sum in excess of the purchase money; the Bank appeared on the schedule as entitled to the residue of the purchase money.

Under the Land Act, 1923, certain lands became vested in the Land Commission upon the "appointed day," but by reason of the former owner's refusal to vacate the lands, the Land Commission was unable to obtain possession until more than a year after that date. The estate was insolvent and a mortgage appeared on the allocation schedule as the person entitled to the residue of the purchase money. On allocation, the Land Commission claimed to be allowed out of the purchase money, in priority to the mortgage, sums representing interest on the purchase money from the "appointed day"...