Re The Estate of E. M. Edgeworth, Owner and Appellant; D. M. Davis, Respondent

• Jurisdiction: Ireland
• Judgment Date: 13 November 1860
• Date: 13 November 1860
• Court: Court of Appeal in Chancery (Ireland)

Ch. Appeal.

In re the Estate of E. M. EDGEWORTH,

Owner and Appellant;

D. M. DAVIS,

Respondent.

In re Fitzgerald's Estate Ante, p. 278; S. C., 5 Ir. Jur., N. S. 205.

CHANCERY REPORTS. 293 the title of the cause in which the judgment was recovered, as averred in the body of the affidavit. Had this not been so, there would have been an ambiguity, but, as it is, there is none ; the affiÂdavit itself shows that the title in the margin was the title of the judgment ; and, therefore, " the defendant in this cause " is the same-person as the defendant in the judgment, who is thus identiÂfied with the owner of the lands sought to be affected, The Judge in the Landed Estates Court has, perhaps, been disÂposed to follow the decision in M'Dowell v. Wheatley too rigorously. I think that, in the present case, the affidavit substantially contains every statement required by the Act of Parliament...