Re The Estate of The Rev. James Cuthbert Flood, Owner and Petitioner. The Rev. H. Henderson and Rev. J. M'Allister, Appellants; James Thomas Bristow, Respondent

• Jurisdiction: Ireland
• Judgment Date: 30 November 1865
• Date: 30 November 1865
• Court: Court of Appeal in Chancery (Ireland)

Ch. Appeal.

In re the Estate of The Rev. JAMES CUTHBERT FLOOD,

Owner and Petitioner.

The Rev. H. HENDERSON and Rev. J. M'ALLISTER,

Appellants;

JAMES THOMAS BRISTOW,

Respondent.

Butler v. BerkeleyENR 1 Bing. 233.

Slator v. Slack 3 N. & M. 717.

Peirce v. Derry 4 Q. B. 635.

M'Mahon v. CorbettIR 1 Ir. Com. Law Rep. 135.

Newton v. The Grand Junction Railway CompanyENR 16 M. & W. 139.

CHANCERY REPORTS. 127 College-green and Anglesea-street, save and except preÂÂmises situate in the parish of St. Mary aforesaid, if any there be. And the Court doth affirm said order in all respects, save as aforesaid. And it is further ordered that, with the foregoing declaration, this case be remitted back to the Landed Estates Court, to proceed thereupon as shall be just and consistent with this order ; parties respectively to abide their own costs. 1865. Ch. Appeal In re FLOOD'S ESTATE. Order. In re the Estate of The Rev. JAMES CUTHBERT FLOOD, Owner and Petitioner. The Rev. H. HENDERSON and Rev. J. M'ALLISTER, Appellants; JAMES THOMAS BRISTOW, Respondent. Tars was an appeal from an order made by Judge Dobbs, in the Landed Estates Court on the 26th of May 1865. The appellants were incumbrancers on the lands sold in this matter, on foot of a judgment for 200, which was registered as a mortgage on the 26th of February 1861. Their claim appeared No. 16 on the schedule. The respondent, one of the registered public officers of the Northern Banking Company, appeared as incumbrancer No. 11 on the schedule of incumbrances, in respect of a judgment obtained by him, as of Hilary Term 1861, for 258. 1 ls. 10d., for debt, besides costs, which was registered as a mortgage on the 23rd of January 1861. ling secured by the said judg The respondent's affidavit, made for the purpose of registering his ment, toge ther with the costs of obtaining said judgment, still remains justly due and owing to the said Northern Banking Company," but did not state any amount as having been recoÂÂvered for such costs. Held, that the affidavit was defective, as not complying with the requirements of the statute; and the security invalid. 128 CHANCERY REPORTS. judgment as a mortgage, under the provisions of the 13 & 14 Vic., c. 29, stated (among other matters) " That the amount recovered by the said judgment is two hundred and fifty-eight pounds, eleven shilÂÂlings, and ten pence sterling, for debt, besides costs ;" and " that the sum of two hundred and fifty-eight pounds, eleven shillings, and ten pence...