Re Roulston

• Jurisdiction: Ireland
• Judgment Date: 27 July 1909
• Date: 27 July 1909
• Court: King's Bench Division (Ireland)

In the Matter of the Proceeds of the Sale of the Holding of Richard Roulston.

Wylie, J.

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.

1909.

Land Purchase Acts — Irish Land Act, 1903 (3 Edw. 7, c. 37), s. 54 (3) — Holding subject to land purchase annuity — Restriction on mortgaging — Mortgage in excess of limit — Arrears of interest — Judgment mortgage.

Section 54, sub-section 3, of the Irish land act, 1903. only extends to a mortgage or charge by the voluntary act of the proprietor, and does not invalidate a judgment mortgage, no matter what the amount of the prior charges on the holding may be

Semble: The limit imposed by the sub-section applies only to capital charges; and when the interest on a capital charge which exceeds the limit has fallen into arrear, there is nothing in the sub-section to invalidate the claim for interest on the limited amount of principal.

Restrictions on alienation and charging by evicted tenant-purchasers discussed.

Questions arising on Allocation.

On the 4th October, 1906, two advances of £442 and £489 respectively were made to William Parker, as tenant-purchaser of two holdings under the Land Purchase Acts. Prior to the 14th November, 1906, these holdings became vested in Richard Roulston, subject respectively to purchase annuities of £14 7s. 4d. and £15 7s. 10d. He had made default in payment of the annuities, and the Land Commission had sold his interest in the holdings. The surplus moneys available for allocation, after discharging the claim of the Land Commission, amounted to £809 12s. 3d. The first item appearing on the schedule was a claim for £441 19s. 1d. for principal, and two years’ arrears of interest on foot of a mortgage dated the 14th November, 1906, and registered on the 22nd March, 1907, whereby Richard Roulston charged the holdings with a sum of £400 and interest. In respect of this claim the examiner had only vouched for payment the sum of £302 11s. 8d., being equivalent to ten times the amount of the purchase annuities, and had refused to vouch any sum in respect of interest, on the ground that any sum so allowed would increase the amount payable on foot of the mortgage to more than ten times the amount of the purchase annuities.

The next items on the schedule were six judgment mortgages, registered against the interest of Richard Roulston in the holdings. The earliest of these was registered on the 28th December, 1907, and the latest on the 22nd...