Re the Estate of Sir JOHN NUGENT HUMBLE, Devisee of THOMAS JOSEPH FITZGERALD, Owner and Petitioner; ex parte JOHN MAGRATH, Appellant

• Jurisdiction: Ireland
• Judgment Date: 28 May 1861
• Date: 28 May 1861
• Court: Court of Appeal in Chancery (Ireland)

Ch. Appeal.

In re the Estate of Sir JOHN NUGENT HUMBLE, Devisee of THOMAS JOSEPH FITZGERALD,

Owner and Petitioner;

Ex parte JOHN MAGRATH,

Appellant.

In re Smith and Ross 6 Ir. Jur., N. S., 72.

In re Goosdyear 6 Ir. Jur., N. S., 11.

Re Fitzgerald Ante, p. 278.

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

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

Fonblanque v. LeeIR 7 Ir. Com. Law Rep. 550.

Pickard v. Bretz 5 Exch., N. S., 9.

Hewer v. Cox 30 L. J., N. S., Q. B. 73.

356 CHANCERY REPORTS. 1861. Ch. Appeal. In re the Estate of Sir JOHN NUGENT HUMBLE, Devisee of THOMAS JOSEPH FITZGERALD, Owner and Petitioner; Ex parte JOHN MAGRATH, Appellant. May 28. An affidavit Tim was an appeal on behalf of John Magrath, an encumbrancer filed for the purpose of upon the lands sold in this matter, against an order made by registering a Judge Hargreave in the Landed Estates Court, by which he ruled . judgment as a mortgage, that the affidavitsjudgment avits filed for the purpose of converting a judg under the pro- visions of the into a mortgage, under the provisions of the 13 & 14 Vic., c. 29, 13 & 14 Vic., c. 29, was enti- were invalid. tied in the mar gin "J. M., John Magrath obtained a judgment in Trinity Term 1852, of D., in the county of W., against Thomas Joseph Fitzgerald (the owner of the lands sold farmer, plaint iff; T. 3. F., in this matter), for 400, besides 3. ls. 11d., for costs; and on of B., in the county of W., the 2nd of June 1853, proceeded to register the same as a mortÂÂEsq , defend ant." The affi- gage against the said lands, under the 13 & 14 Vic., c. 29. davit stated The affidavit filed for that purpose ran as follows :- that J. M., of, &c. &c., had recovered a "In the Court of Queen's Bench. judgment " John Magrath, of Doon, in the county of " against the Plaintiff; John Magrath, of Doon, defendant in Waterford, farmer, this cause, by Thomas Joseph Fitzgerald, of Ballinaparka, in I in the title hereof, in the the name and the county of Waterford, Esq., Defendant. county of Waterford far- description , of Thomas And the Act of the 13 & 14 Yic., c. 29. Joseph Fitz- mer, aged thirty years and gerald, of upwards, the plaintiff in this cause, maketh oath and saith that he, Ballinaparka, in the county this deponent, by the name and description of John Magrath, of of Waterford, Esq."-Held, Doon, in the county of Waterford, farmer, did, on the 14th day of that the above was a sufficient October, in the year of our Lord 1852, and in or as of...