Re McCafferty

• Jurisdiction: Ireland
• Judgment Date: 08 May 1974
• Docket Number: [550]
• Date: 08 May 1974
• Court: High Court

(H.C.)

In re McCafferty

Vesting of lands - Whether conflict between Land Acts and bankruptcy code - Whether claim of Official Assignee barred - Irish Bankrupt and Insolvent Act, 1857 (20 21 Vict., c. 60), ss. 268, 271 - Statute of Limitations, 1957 (No. 6), s. 13.

A former tenant of agricultural land had held the land in 1923 under a tenancy from year to year subject to the payment of a yearly rent. After the passing of the Land Act, 1923, he continued in possession of his holding. The former tenant was adjudicated a bankrupt in 1927 but the Official Assignee did not make any claim to the land at that time. In 1931 the land was vested in the Land Commission pursuant to the Land Act, 1931. In 1953 the land was vested by the Land Commission in the bankrupt in fee simple and in that year he was registered as full owner of the land in fee simple subject to the equities which had affected his former interest. The bankrupt remained in possession of the land until 1966 when he conveyed it to his nephew. The bankrupt never obtained a certificate of conformity. When an application was made in 1971 to have the note as to equities discharged from the register of freeholders, the Official Assignee claimed an interest in the registered land. At the hearing of a motion for an order declaring the rights of the Official Assignee, it was Held by Kenny J., in disallowing the claim of the Official Assignee, 1, that the possession of the bankrupt had been...