Re The Estate of John Dominick Bodkin, Owner; Edward Pole, Petitioner. v

• Jurisdiction: Ireland
• Judgment Date: 02 June 1860
• Date: 02 June 1860
• Court: Court of Appeal in Chancery (Ireland)

Ch. Appeal.

In re the Estate of JOHN DOMINICK BODKIN,

Owner;

EDWARD POLE,

Petitioner.

and

Martin v. M'Causland 3 Ir. Law Rep. 113.

Murray v. Clarke 4 Ir. C. L. Rep. 610.

Franks v. MasonUNK 9 Ir. Eq. Rep. 358.

Kirkwood v. LloydUNK 11 Ir. Eq. Rep. 561.

Farran v. BeresfordENR 10 Cl. & Fin. 319.

Beavan v. The Earl of OxfordENR 6 De G., M. & G. 507.

Whitworth v. GaugainENR 3 Hare, 416.

Brassington v. Llewellyn 27 Law J., N. S., Exch., 297.

CHANCERY REPORTS. 61 1860. Ch. Appeal. Court of 213praT in gbanterp. In re the Estate. of JOHN DOMINICK BODKIN, Owner; EDWARD POLE, Petitioner. , June 2. Tins was an appeal on behalf of Catherine Bourke, against an order made by Judge Dobbs, in the Landed Estates Court, by which he had ruled that John Dominick Bodkin, the owner, had acquired a title in fee, by adverse possession, to that moiety of the lands of Longhill (portion of the lands sold in this matter) which had formerly belonged to Dominick George Bodkin ; and that he had acquired the said estate, discharged of all the equitable incumbrances of Dominick George Bodkin. John Bodkin the elder, being seised in fee of the lands of Long-hill, and being possessed of other lands for terms of years, by his will, dated the 20th of December 1803, devised the lands of Long-hill to his two sons, Dominick George Bodkin and John Bodkin the younger, and their heirs, as tenants in common, and upon his death they entered into possession accordingly. In Trinity Term 1811, Ulick Jennings, the appellant's father, entered a judgment for 1000 against Dominick George Bodkin, upon his bond and warrant ; and interest thereon was paid by Dominick George Bodkin, up to his death, in 1824. Dominick George Bodkin, by his will, devised all his real and personal estate to his two daughters, Mary Bodkin and Anne BodÂÂkin, share and share alike ; and in case either should die without issue, then to the survivor ; and in case both should die without issue, then to testator's brother, John Bodkin the younger. Upon the death of Dominick George Bodkin, in 1824, John Bodkin entered into possession of the entire of the lands of Longhill, and so continued until his death, in December 1831. made a party to tile icire facias as 62 CHANCERY REPORTS. In Easter Term 1831, the judgment of 1811 was revived by scire facias, against John Bodkin, as the heir-at-law of Dominick George Bodkin, and against Mary Bodkin and Anne Bodkin, as co-heiresses of Dominick George Bodkin, and against several terreÂÂtenants of other lands, but the lands of Longhill were not specifically mentioned in the revival. John Bodkin died in December 1831, whereupon his son John Dominick Bodkin (owner) entered into the possession of the lands of Longhill, and on the 1st of May 1843 mortgaged the same, together with other lands, to Edward Pole, for 3000. In 1850, Pole filed a petition in the Incumbered Estates Court, for a sale...