Re Ford and Ferguson's Contract

• Jurisdiction: Ireland
• Judge: M. R.
• Judgment Date: 31 July 1906
• Court: Chancery Division (Ireland)
• Date: 31 July 1906

In Re Ford and Ferguson's Contract (1).

M. R.

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.

1906.

Conveyance — Construction — Words of limitation — Habendum to grantee — Supplying omission of words of limitation by interpretation clause — Conveyancing and Law of Property Act, 1881 (44 & 45 Vict c. 41), s. 51.

Held, that (apart from any question of specific performance or rectification) the words of limitation could not, consistently with the context, be read into the habendum, and that the legal estate in the fee simple did not pass.

Vendor's summons, under the Vendor and Purchaser Act, 1874.

James Ford was possessed of the lands, the subject-matter of the present summons, under a conveyance which (so far as it is material to the present report) was as follows:—

“This indenture, dated 13th October, 1892, between Thomas Sinclair, of Belfast, in the county of Antrim (who, and his heirs and assigns, unless the contrary intention appears, are hereinafter called the grantor), of the one part, and James Ford, of Belfast aforesaid, engineer (who, and whose heirs and assigns, unless the contrary intention appears, are hereinafter called the grantee), of the other part, witnesseth, that in consideration of the sum of £310 to the grantor paid by the grantee … and of the rent and covenants hereinafter reserved, and conditions, he, the grantor, doth hereby grant unto the grantee all that and those (parcels), to hold the said hereditaments and premises, with the appurtenances

unto and to the use of the grantee for ever, yielding and paying therefor and thereout yearly and every year unto the grantor … And the grantee hereby covenants with the grantor (covenants for payment of rent, and maintenance of repairs, and provisions for re-entry) … And the grantee hereby covenants with the grantor, that he, the grantee, will not (restrictive covenant against trades). And the grantor hereby covenants with the grantee that he, the grantor (covenant for payment of headrent). And also that he, the grantee, paying the said reserved yearly rent, and observing the conditions hereinbefore contained, shall and may peaceably occupy and enjoy the said hereby-granted premises, and every part thereof, without the let, hindrance, interruption, or disturbance of the grantor, or any person claiming or deriving from or under him, them, or any of them. In witness, &c.”

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