Re The Matter of The Estate of Edward Sandiford Power, Owner; Francis Carleton Reeves, Petitioner

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

Ch. Appeal.

In re the Matter of the Estate of EDWARD SANDIFORD POWER,

Owner;

FRANCIS CARLETON REEVES,

Petitioner.

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 gentleman." That Argument. is not a sufficient description to satisfy the requirements of the 6th section of the Act, which enacts that the affidavit shall set forth " the title, trade or profession of the plaintiff." It cannot be inferred that the plaintiff meant to make averment of his title by stating that he was a gentleman. Mr. Lawson and Mr. Cathrew, for the respondent, were not heard. Per Curiam. It does not appear that the plaintiff had any trade or profession ; and in that case it is difficult to conceive how he could better have described his title than he has done. This affidavit is good, and the order of the Court below must be affirmed. Judgment. In re the Matter of the Estate of EDWARD SANDIFORD POWER, Owner; FRANCIS CARLETON REEVES, Petitioner. Nov. 11, 12. Tins was an appeal on behalf of F. C. Reeves, against an order The owner of made by Judge Dobbs in the Landed Estates Court, disallowing in the Landed an estate sold Estates Court a judgment mortgage as an incumbrance upon the lands sold in was held to be estopped from this matter. objecting, upon the set tlement of the final schedule of incumbrances, to a claim which he had admitted, in his affidavit filed as an answer to the conditional order for sale, to be a charge upon the estate. He had also suffered the the conditional order to be made absolute, and a sale to be had, without disputing the claim in question. Au inclunbrancer cannot avail himself of an objection filed by another party to the validity of a claim, to which he has not himself filed an objection. 296 CHANCERY REPORTS. In Easter Term 1857, F. C. Reeves obtained a judgment against the owner, which he registered as a mortgage on the 27th of April following. In 1858, F. C. Reeves filed a petition in the Landed Estates Court for a sale of the lands. A conditional order for a sale was made, and served on the owner, who filed an affidavit as cause against the conditional order, in which he stated that he had made arrangements to raise...