Richardson v Nixon

• Jurisdiction: Ireland
• Judgment Date: 22 February 1845
• Date: 22 February 1845
• Court: Court of Chancery (Ireland)

Chancery.

RICHARDSON

and

NIXON.

Ward v. Duke of NorthumberlandENR 2 Anst. 409.

Montserrat v. Cheyne Hayes, 69.

Campbell v. Mackay 1 M. & Cr. 603.

Hudson v. MadisonENR 12 Sim. 416.

Jones v. Garcia Del RioENR Turn. & R. 297.

Greenwood v. Churchill 1 M. & K. 546.

Anderson v. Wallis 4 Y. & C. 336; affirmed on appeal, Phil. 202.

Butt's case 7 Co. 101.

Butt's case 7 Vo. 104.

Turner v. TurnerENRENR Amb. 776; 1 Bro. C. C. 316.

Stafford v. Buckley 2 Ves. 171.

Taylor v. MartindaleENR 12 Sim. 158.

Denton v. Davy 1 Moore, Pri. Col. Cases, 15.

Cowley v. CowleyENR 9 Sim. 299.

Hudson v, MaddisonENR 12 Sim. 416.

Bill v. Cureton 2 M. & K. 503; see 512.

Winslow v. Tighe 2 Bal. & B. 195.

Stubbs v. RothUNK 2 B. & B. 548.

Moody v. Mathews 7 Ves. 174.

Maxwell v. AsheENR 1 Bro. C. C. 444.

Butt's case Ubi supra.

Butt's caseUNK 7 Rep. 101.

Cholmondly v. Clinton 2 Jac. & Walk. 1; see p. 191.

Cuff v. PlatellENR 4 Russ. 242.

King of Spain v. MachadoENR 4 Russ. 225.

Makepeace v. HaythorneENR 4 Russ. 244.

Bill v. Cureton 2 Myl. & K. 503; see p. 512.

Glyn v. Soares 3 Myl. & K. 450; see p. 470.

Denton v. Davy 1 Moore, P. C. C. 15.

Gemmel v. BlockENR 2 Dick. 513.

Moreley v. TaylorENR Cited 2 You. & Jerv. 520, and 1 Kee. 619.

Raffety v. King 1 Kee. 600.

Cashell v. Kelly 2 Dru. & War. 183.

Cowley v. CowleyENR 9 Sim. 299.

620 CASES IN EQUITY. 1845. Chancery. RICHARDSON v. NIXON. Feb.3, 7,22. When one of two co-plainÂÂtiffs has no title the bill must be disÂÂmissed geneÂÂrally, though the claim of the other is valid and reÂÂlates to an inÂÂdependent subÂÂject. Freeholds for lives reÂÂnewable and a freehold for lives and leaseholds for years were inÂÂcluded in the same articles. The renewÂÂable freeholds were sold by a prior incumÂÂbrancer, but a balance of the purchase moÂÂney remained in Court. By a deed in exÂÂecution of the articles, treatÂÂing all as subÂÂsisting estates, an annuity was granted to A. and her heirs, and another annuity to B. and her heirs, charged on all the properties, The money in Court was afÂÂterwards apÂÂplied, without the annuitant's knowledge, to improving the chattel inteÂÂrest, and the freeehold for lives expired JANE JOHNSTON being entitled to estates for lives renewable for ever in certain lands in Fermanagh, and to some leaseholds for years, mortgaged the entire by deed of 20th of August 1779, to John Deering for 1000. George Nixon was entitled to a leasehold estate for years, with toties quo ties covenant for renewal, held under W. Newburgh, who was immediate tenant to the Bishop of Kilmore ; and also to an estate for lives (not renewable) near Belturbet. By articles, dated the 24th of August 1779, entered into on the marÂÂriage of Elizabeth, the only daughter of Jane Johnston, with George Nixon, it was agreed that George Nixon and Jane Johnston should convey the properties to which they were so respectively entitled, for the use of George Nixon for life, with remainder, subject to a jointure for ElizaÂÂbeth, for the benefit of the issue of the marriage in such manner as George Nixon should appoint, or in default of appointment by him, as Elizabeth should appoint. There were several children of the marriage. On the 29th of January 1794, the personal representative of the mortgagee, John Deering, filed a bill to foreclose the mortgage for 1000, against George Nixon and his wife and their children and the trusÂÂtees of the articles. There was a decree for a sale in this suit in February 1796; and the entire of the lands comprised in the mortgage were sold under it for 2000, and conveyed to a purchaser in 1797. After payÂÂment of the principal, interest and costs, there remained in Court a balance of the purchase money amounting to more than 700. George Nixon died in March 1805 without executing his power of appointment, leaving his widow and six sons and three daughters, Elizabeth, Jane and Maryanne, him surviving. By deed of the llth of June 1805, made between Elizabeth Nixon the widow, described as administratrix of her husband and also heiress-at-law of her mother Jane Johnston, of the first part, Andrew Nixon the eldest son of the marÂÂriage and heir-at-law of his father, of the second part, and the surviving trustee of the marriage articles of 1779, of the third part, and which recited the articles of 1779 and the powers of appointÂÂment in them, the death of George Nixon, and that Elizabeth Nixon was desirous of exercising her power of appointment and making a final settlement of the lands included in the articles, in pursuance of them, Held, that the money produced by the sale continuing in was always a freehold estate, out of which the doctrine of Butt's case the annuity descended to Semble-That even if it were otherwise, the not be changed to a chattel by the subsequent e Held, that a bill by co-plaintiffs to raise both the view of this Court real estate, there annuity issued, and that according to the the grantees' heirs. annuity being originally a freehold could vents. annuities was not multifarious. CASES IN EQUITY. 621 and that the legal estate in the lands near Belturbet was vested in Andrew 1845. Nixon as heir of his father, and the legal estate in the other lands com Chancery. prised in the settlement was vested in her as administratrix of her husband RICHARDSON and heiress-at-law of her mother, all the lands comprised in the articles V. were conveyed (without noticing the sale of the mortgaged lands, but treating all the properties as subsisting estates) by lease and release and assignment, purporting to be in execution of the articles and for nominal considerations, to the trustee, his heirs, executors, &c., for the respective terms for lives and years thereof then to come (subject to the jointure of Elizabeth the widow, and an annuity to Maryanne her daughter, who was of weak mind, both which determined by death long previous to the present suit), to the...