Reynolds v Reynolds

• Jurisdiction: Ireland
• Judgment Date: 27 April 1848
• Date: 27 April 1848
• Court: Rolls Court (Ireland)

Rolls.

REYNOLDS

and

REYNOLDS.

Roe v. Tranmar 2 Wils. 75.

Bridgewater v. The Duke of BoltonENR 6 Mod. 107.

Crowley v. swindlesENR Vaugh. 173.

Stukely v. ButlerENR Hob. 171.

Griffin's caseENR 2 Leon. 78.

Lilley v. Whitney Dyer, 272, b.

Goodtitle v. Gibbs 5 B. & Cr. 79.

Ringer v. CannENR 3 Mees. & W. 443.

Walpole v. M'ClintockUNK 7 Ir. Eq. Rep. 355.

Drew v. Lord NorburyUNK 9 Ir. Eq. Rep. 171.

Strickland v. Maxwell 2 Cr. & Mee. 539.

Thorpe v. Thorpe Lord Ray. 235.

Doe v. AndersonENR 1 Stark. 155.

Doe d. Meyrick v. Meyrick 2 Tyr. 178.

Fausset v. CarpenterENR 5 Bli. N. S. 75; S. C. 2 Dow. & C1. N. S. 232.

Mosely v. MotteuxENR 10 M. & W. 533.

Earl of Derby v. TaylorENR 1 East, 502.

Whittick v. JohnstonENR Gow. 173.

Lennon v. Napper 2 Sch. & Lef. 685.

Martin v. CotterUNK 9 Ir. Eq. Rep. 351.

Right v. BawdenENR 3 East, 260.

Smith v. PackhurstENR 3 Atk. 135.

Palmer's caseUNK 4 Rep. 74.

Goodtitle v. Gibbs 5 B. & Cr. 79.

Whittick v. JohnsonENR Gow. 173.

172 CASES IN EQUITY. 1848. Rolls. REYNOLDS v. REYNOLDS. (In the Rolls.) IN this case, a reference was made to the Master, on the 21st of June 1844, to inquire and report whether a good and sufficient title could be made to the lands and premises purchased by AlexÂander Hamilton, Esq., under the decree in this cause. The Master made his report on the 13th of November 1847. By that report the Master found that a good title could not be made to the lands of Kilrean, otherwise Kilrain, and Coolconnell, and the salmon fisheries of Inver-Loughhead and Gubbara (being Lot 2 in the rental), inasmuch as the legal estate therein was outstanding at the time when the last immediate preceding renewals were obtained of the said lands and premises, which were church lands ; and that although a reconveyance of the legal estate was, on or about the 26th of December 1846, procured, no confirmation of the said reÂnewals or other act had been done to give validity to the same by the Ecclesiastical Commissioners of Ireland. The report further found that a good title could not be made out to the Inver fishery, which was a portion of Lot No. 2, inasmuch as it was set up for sale as held by the Rev. Alexander Montgomery, as tenant at will, paying one guinea a-year rent ; whereas it appeared that the said Rev. Alexander Montgomery had had uninterrupted possession of the said fishery, claiming to hold as tenant in fee thereof, and paying the Bishop of Raphoe and his lessees a yearly sum of one guinea ; and the report found that whatever might be the nature of the title of the said Alexander that the legal estate under the renewal of 1829 The payment of a small annual sum inadequate to the value of the demised premises for a number of years, is not per se evidence from which a tenancy from year to year can be inferred. CASES IN EQUITY. 173 Montgomery, as against the see of Raphoe, at all events a pur- 1848. Rolls. chaser deriving under the vendors, who were lessees of the bishop, could never disturb the possession of the said Alexander Mont- REYNOLDS v. gomery: and the report further found that the Inver fishery was REYNOLDS. the only fishery to which the description in the rental-viz., the Statement. fishery of Inver-Loughhead could apply. The plaintiff took five exceptions to the report. The question raised by the first and second exceptions was, that the Master had found that a legal estate was outstanding in the lands and premises comprised in Lot No. 2 in the rental, at the time the last and immediate preceding renewals were obtained of the said lands and premises ; whereas he should have found that the legal estate in the lands and premises comprised in No. 2 in the rental passed under the assignment of the 10th of February 1830, and was not outÂstanding at the time the last and immediate preceding renewals were obtained. The facts of the case, so far as the first and second exceptions were concerned, appeared to be these :-The lands and premises in question were held under the see of Raphoe. On the 1st of January 1822 the Rev. William Magee, then Lord Bishop of Raphoe, by indenture of lease of that date demised to the Rev. John Barrett the lands of Kilrain, and the salmon fishery of Inver-Loughhead and Gubbara, together with the lands of Kilbanon, to hold for twenty-one years, subject to the rent therein mentioned. On the 31st of May 1822, the Rev. John Barrett, by indenture of that date, in consideration of £1630, assigned the lands and fishery by way of mortgage to the Rev. Thomas Stack, subject to redemption on payment of the said sum with interest. The mortgage was executed to the Rev. Thomas Stack as trustee for the Rev. William Magee, then Bishop of Raphoe. The consiÂderation of it was arrears of rent and renewal fines, the lease not having been renewed for many years previous to 1822. On the 10th of December 1829, the then Lord Bishop of Raphoe, by indenture of that date, granted a renewal of the lands and fishery to the Rev. Thomas Stack for twenty-one years. On the 10th of February 1830, an indenture was made between 174 CASES IN EQUITY. the Rev...