Re The Estate of E. M. Edgeworth, Owner and Appellant; Thomas R Smith, Respondent

• Jurisdiction: Ireland
• Judgment Date: 12 November 1860
• Date: 12 November 1860
• Court: Court of Appeal in Chancery (Ireland)

Ch. Appeal.

In re the Estate of E. M. EDGEWORTH,

Owner and Appellant;

THOMAS R. SMITH,

Respondent.

1860. Ch. Appeal. In re EDGEWORTH'S ESTATE. Argument. 294 CHANCERY REPORTS. stated that a sum of 3. 2s. 8d. had been recovered for costs, whereas the record of the judgment stated that 2. 2s. 8d. bad been recovered for damages, and 1 for the costs of registration ; and that this was such a variance as invalidated the affidavit. They cited In re Fitzgerald's Estate (a). Mr. Brewster and Mr. A. Graydon, for the respondent. It is sufficient if the affidavit state the amount of the "damages, costs," &c. Here the sum stated in the affidavit is the same as that appearing on the record. Per Curiam. Judgment. There is not any substantial variance in this case. The amount stated is the same in the affidavit and on 'the record. In the case of In re Fitzgerald's Estate the sum mentioned in the affiÂÂdavit was not the same with the sum appearing on the record. The order of the Court below must be affirmed. (a) Ante, p. 278; S. C., 5 Ir. Jur., N. S., 205. In re the Estate of E. M. EDGEWORTH, Owner and Appellant; THOMAS R. SMITH, Respondent. Not,. 12. In an affidavit THIS was an appeal on behalf of the owner, against an order made registered under the 13 by Judge Dobbs in the Landed Estates Court, by which he had and 14 Vic., c. 29, s. 6, ruled that a judgment obtained by the respondent against the a Statement "that demeneponent appellant in 1857, and subsequently registered as a mortgage, was, and still was an incumbrance on the lands sold in this matter. is, a gentle. man," was held to be a sufficient des- Mr. Sherlock, for the appellant, contended that the affidavit cription of the plaintiff, where registered by the respondent, for the purpose of converting his he had not any trade or profession. CHANCERY REPORTS. 295 judgment into a mortgage, under the provisions of the 13 & 14 1860. Ch. Appeal. Vie.. c. 29, was invalid, upon the ground (among others) that In re it did not contain a sufficient description of the plaintiff. The EDGEWORTH'S affidavit contained, as a description of the plaintiff, the following ESTATE. statement, "that deponent was, and still is, a...