Re Mulhern; Mulhern v Mulhern

JurisdictionIreland
Judgment Date08 May 1931
Date08 May 1931
Docket Number(1926. No. 12097.)
CourtSupreme Court (Irish Free State)
S. C., I. F. S.]
In re Mulhern; Mulhern
and
Mulhern

Letters of administration of estate of intestate granted to his widow - Purchase of registered lands by her out of the assets - Administratrix registered as full owner free of equities -Subsequent charge on the lands created by her -Charge registered as a burden - Priority of charge over rights of next-of-kin - Conclusiveness of register - "Actual fraud" - 54 55 Vict. c.66, ss. 33, 34, 40, 44, 64.

M., the owner of a publichouse and of other real and personal estate, died intestate in 1916, leaving him surviving a widow and five infant children. His widow took out a grant of administration, and, without having any authority to do so, continued to carry on the business of publican. Part of M.'s assets consisted of a sum of money on deposit receipt, which the administratrix withdrew some eleven months after his death and with which she purchased certain registered lands. These lands were registered in the Land Registry free of equities, and upon her purchase of them the administratrix caused herself to be registered as full owner, she being described in the folio as "widow." Eight years later she charged these lands in favour of a certain Bank to secure an advance up to £3,000, and this charge was registered by the Bank, to whom a certificate of charge was issued. In addition, she deposited with the said Bank certain title deeds to other lands formerly owned by M.Subsequently she executed a legal mortgage of all the lands comprised in the said title deeds in favour of said Bank to secure loans to the amount of £7,000. The Bank knew that she was the administratrix of M., that she was a widow, and that she had five minor children, but had no knowledge of the circumstance in which the registered lands had been purchased beyond what was disclosed by the copy of the folio. An order for administration was made in January, 1927, in an action brought by the children...

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3 cases
  • R (G) v D (J J)
    • Ireland
    • High Court
    • 5 December 2014
    ...1 AER 540 1970 2 WLR 331 213 EG 635 LAND AND CONVEYANCING LAW REFORM ACT 2009 S74(3) REGISTRATION OF TITLE ACT 1964 S31 MULHERN, IN RE 1931 IR 700 ABRAHAMSON & ORS DISCOVERY & DISCLOSURE 2ED 2013 CHAP 4 RSC O31 r.12 MCKENNA v BEST TRAVEL LTD 1995 1 IR 577 1995 2 ILRM 471 1995/10/2847 PAR......
  • AIB & The Registration of Title Act
    • Ireland
    • High Court
    • 20 October 2006
    ...save individuals the trouble and expense of investigating the history of a title, see Gibbs v. Messer [1891] AC 248, Mulhern v. Mulhern [1931] IR 700, (b). The prevention of fraud; (c) Simplification of the transfer process with the consequent savings for a purchaser. The Memorandum to th......
  • Tarbutus Ltd v Hogan
    • Ireland
    • Court of Appeal (Ireland)
    • 8 February 2023
    ...application of the concept of conclusiveness can be seen in the decision of the Supreme Court in the case of In Re Mulhern's Estate [1931] IR 700. This case concerned s. 34 of the Local Registration of Title (Ireland) Act 1891, a similar provision to s. 31 of the 1964 Act. In that case, a p......

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