Re Jacks
| Jurisdiction | Ireland |
| Judgment Date | 01 January 1953 |
| Date | 01 January 1953 |
| Court | Supreme Court |
S.C.),
In re Jacks
Application to Court by chargeant for possession of land - Procedure - "Summary manner" - Application should be brought by originating summary summons - Registration of Title Act, 1942 (No. 26 of 1942), s. 13 (a) - Rules of the High Court and Supreme Court, 1926, Or. 1, r, 2; Or. 3, r. 1 (iv) (p).
An application to the Court by the registered owner of a charge for possession of the land pursuant to s. 13 (a) of the Registration of Title Act, 1942, should be by originating summary summons and not by notice of motion. So held by the Supreme Court (Maguire C.J., Murnaghan and...
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4 cases
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McAteer & Bank of Ireland Mortgage Bank v Sheahan
...FEENEY 30.7.2012 2012 IEHC 331 CONVEYANCING & LAW OF PROPERTY ACT 1881 S19 CONVEYANCING & LAW OF PROPERTY ACT 1881 S19(1) JACKS, IN RE 1952 IR 159 IRISH LIFE & PERMANENT PLC v DUFF UNREP HOGAN 31.1.2013 2013 IEHC 43 ULSTER BANK IRL LTD v CARROLL UNREP O'MALLEY 16.7.2013 2013 IEHC 347 GE CA......
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Bank of Ireland Mortgage Bank v Peter Cody
...the mortgagor. 41 . The procedures governing the grant of possession by summary means was analysed in some detail in the case of Re Jacks [1952] IR 159 where what was under consideration was whether the action was commenced by summary summons, or whether a motion for judgment before the Lan......
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O'B. v W
...the law was not mentioned in argument, I do not express any opinion on it. 1 [1970] I.R. 61. 2 See p. 39, post. 3 (1859) Bell C.C. 46. 4 [1952] I.R. 159. 5 See pp. 39-40, 6 See p. 34, ante. ...
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Flahive v Irish Sailors and Soldiers Land Trust
...brought as applications under s. 52 of that Act in the manner prescribed by the Local Registration of Title Rules. 1910. In re JacksIR [1952] I.R. 159 referred to and distinguished; (2) the Land Trust had power to sell cottages; (3) the Land Trust were not liable to repair cottages for tena......