Robinson and Others v Crosse and Blackwell, Ltd

• Jurisdiction: Ireland
• Judgment Date: 15 July 1940
• Date: 15 July 1940
• Court: High Court

Robinson and Others

and

Crosse and Blackwell, Ltd.

Expired lease - New lease granted to original lessee - New lease including other lands as well as those originally demised -Annuity charged on lands demised in expired lease - Purchaser for value - Whether lands demised by new lease continued to be charged with annuity.

A testator by his will, made in 1831, left all his property, consisting of realty and chattels real, to E. R., his heirs and assigns, charged with a certain annuity. One portion of the said property so charged consisted of certain premises held under a lease, dated July 11th, 1825, for a term of 100 years expiring on the 25th March, 1925. These premises became vested in McB. and Sons, Ltd., on the 29th April, 1919, subject to the payment of a proportionate part of the said annuity. In September, 1925, McB. and Sons, Ltd., obtained a new lease of certain property including the said demised premises upon payment of a fine of £750. This new lease, dated the 21st day of September, 1925, which was for a term of 500 years, was expressed to commence on the 25th March, 1925. During the period from the 25th March, 1925, to the 21st September, 1925, McB. and Sons, Ltd., remained in possession of the said premises, but it appeared from the evidence that the said period was taken up with negotiations between the lessor and McB. and Sons, Ltd., as to the terms of a new lease; and that the occupation of the said premises by them during that period was temporary and for the convenience of the parties. Certain other property so charged as aforesaid with payment of the said annuity was occupied by C. & B., Ltd. The annuity having fallen into arrear, the annuitants sued C. & B. Ltd., for an account. Thereupon C. & B., Ltd., issued a third party notice, naming McB. & Sons, Ltd., and others as third parties, for the purpose of determining their liability to pay the whole or a...