Rebecca Buchanan v The Heir and Terretenants of William Sadlier, Deceased

• Jurisdiction: Ireland
• Judgment Date: 25 January 1850
• Date: 25 January 1850
• Court: Queen's Bench Division (Ireland)

Queenƒ€™s Bench.

REBECCA BUCHANAN

and

The Heir and Terretenants of WILLIAM SADLIER, deceased.

Jeffreson v. MortonENR 2 Wms. Saund. 5.

Erdy v. MartinUNK 8 Dowl. P. C. 344.

Henry v. Kelly 2 H. & B. 591.

CASES AT LAW. 399 H. T. 1850. Queen's Bench REBECCA BUCHANAN v. The Heir and Terretenants of WILLIAM SADLIER, deceased. (Queen's Bench.) Jan. 25. FACIAS, directed to the Sheriff of the county of Tipperary. The writ stated that Rebecca Buchanan recovered a judgment by confession for £600 against William Sadlier, and that the conusor' had since died, seised in his demesne as of fee, and of several deÂscendible freeholds. It recited a scire facias issued to the Sheriff of Dublin against the heir and terretenants of the conusor, and his A scire facies stated the death of the conusor seised in his demesne as of fee, and of several deÂscendible freeÂholds, and commanded the Sheriff to or his bailiwick, and proceeded corn- known make to the heirs of Tipperary to make known to the heir and - and terrete nants of the terretenants of the lands of the conusor whereof he, or any person lands of the conusor whereÂto his use, was seised in fee or of a descendible freehold at the time of he or any person to his of entering the judgment or since. The return of the Sheriff was, use was seised in fee or of a that he had made known to R. W. Sadlier, the heir of W. Sadlier, descendible freehold at the deceased, and to M. M. R. B., &c., tenants to the lands of Ross- time of enter- imn egn ttho the sj junclege-. borough, being the lands of the conusor of which he was seised of Held that it a descendible freehold, still subsisting, and that there was no other was n'ot necesÂheir or tenants of ary any other lands in Tipperary of which the co- sinsuctho writ him, was seised in fee, or of a teivoenryo f pdreospcorripty- of the judgment or since. extendible under 3 8c 4 Special demurrer to the scire facias, assigning as cause of demur- o. 19. T Vie. 10h5a,t rer that by the writ the Sheriff was not commanded to make known statute has not altered the to the tenants of lands over which the conusor, at the time of the form of s of the writ ire judgment or since, had any disposing power for his own benefit, and facies. that it did not appear by the writ or return that there were not such lands, and that from any thing that appeared in the writ or return there may be such lands ; and that it did not appear by the return that the Sheriff made known to any tenant of...