Re Smith and Ross

• Jurisdiction: Ireland
• Judgment Date: 16 December 1860
• Date: 16 December 1860
• Court: Court of Bankruptcy and Insolvency (Ireland)

Banktcy., &c.

In re SMITH and ROSS.

Crosbie v. MurphyIR 8 Ir. Com. Law Rep. 301.

M'Dowell v. WheatleyIR 7 Ir. Com. Law Rep. 562.

In re Hams 10 Ir. Chan. Rep. 100.

Crosbie v. MurphyIR 8 Ir. Com. Law Rep. 301.

M'Dowell v. WheatleyIR 7 Ir. Com. Law Rep. 562.

In re Hams 10 Ir. Chan. Rep. 100.

CHANCERY REPORTS. 397 In re I think the Northern Bank acted fairly, and in a mercantile ROBINSON. view liberally, in submitting this case to the judgment of this Court, the tribunal by law established for the adjudication of the most important questions of mercantile law affecting the mercantile public, they having, however, as I am glad to feel they have, a right of appeal to the tribunal of the last resort upon the questions raised. But in submitting, as they have done, to this Court _the question, I think they have acted in a liberal and commendable spirit, saving much expense and much time ; and therefore my feeling is to make the judgment as light against them as I posÂÂsibly can, and to give the relief only to the extent that, in any view upon my judgment of the case in dispute, could be awarded. In re SMITH and ROSS.* ' Dec. 16. Tats case came before the Court on charge and discharge. Creditors Statements in the title of a of the bankrupt, named Lewis, had marked judgment on a bond judgment mortgage affi- passed by' the bankrupt some time before the bankruptcy, and had davit may be incorporated, filed a statutable affidavit to register their judgment as a mortgage ; by reference, in the they filed no supplemental affidavit, pursuant to 21 & 22 Vic" itself. Aaffidavi det - scription the c. 105. After the registering of this affidavit the bankrupts lodged residepnacreofosf, their title-deeds of the premises sought to be affected by the affidavit the parties, in an affidavit with the Northern Banking Company, who claimed on foot of the to register a judgment as a equitable mortgage thereby-created, as against the statutable mort- mortgage, will be sufficient if gage, alleging that the affidavit registering the judgment was defec- it be their ordinary trade tive. The following is a copy of the affidavit in question :- residence. The descrip tion must be substantially contained within the affidavit itself. Such affidavits need not be conÂÂstrued with strict grammatical accuracy.-[M`Dowell v. Wheatly commented on and distinguished.] * Ceram LYNCH, J. 398 CHANCERY REPORTS. " Frederick Henry Lewis and William Robert Lewis, of Belfast, in the County of Antrim, Frederick Henry Lewis, of trading under the firm of F. & W. Lewis, Belfast, in the county of Plaintiffs ; Alexander Smith and John Ross, both of Bel- aged Antrim, merchant, fast, in the County of Antrim, trading forty years and upwards, under the firm of Smith & Ross, one oT the plaintiffs in this Defendants; And the 13 & 14 Vic., c. 29. cause, maketh oath and saith, that he, this deponent, and one William Robert Lewis, of Belfast aforesaid, by the name and description of Frederick William Lewis and William Robert Lewis, of Belfast, in the county of Antrim, merchants, did, on the 10th day of October 1856, and in or as of Trinity Term 1856, obtain a judgment in Her Majesty's Court of Common Pleas in Ireland, against the defedants in this cause, by the names and description of Alexander Smith and John Ross, both of Belfast, in the county of...