Rossborough v M'Neill

• Jurisdiction: Ireland
• Judgment Date: 29 July 1889
• Docket Number: (1887. No. 9794.)
• Date: 29 July 1889
• Court: Chancery Division (Ireland)

Chancery Division.

(1887. No. 9794.)

ROSSBOROUGH

and

M'NEILL

In re RyanUNK 3 Ir. Ch. Rep. 33.

Rice v. M'QuadeUNK Ir. Rep. 9 C. L. 101.

Registration of judgment against interest of judgment mortgagee — 13 & 14 Vict. c. 29, ss. 7 and 12.

Von. XXIII.) CHANCERY DIVISION. 409 that the Conveyancing Act has altered the practice in this country ; V.-C. but the words of the Act are, that on the sale of any property the 1889. In 17 expenses of the production of documents not -in the vendor's pos- x11LONGre AND session shall be borne by the purchaser. Therefore, so far as the SHEEHAN. Act is concerned, it is in the purchaser's favour. I think it is a mistake to introduce an argument founded 'on the Solicitors' Remuneration Act, because that cannot affect the rights of the purchaser. If the solicitors' rate of pay under that Act is not enough, let them try to set it right in a proper way-but that is nothing to the purchaser. Solicitors for the vendors : Messrs. Maxwell Weldon. Solicitor for the purchaser : Mr. James Wilson. ROSSBOROUGH M'NEILL. (1887. No. 9794.) Registration of judgment against interest of judgment mortgagee-13 4.14 Vict. c. 29, ss. 7 and 12. On the 10th January, 1879, W. R. and I. IL registered a judgment as a mortgage against the interest of the defendant in a tenancy from year to year. On the 6th December, 1887, H. registered a judgment, which he had obtained against W. IL, as a mortgage against the interest of W. R. in the judgment mortgage of 1879. In a suit by W. R. and R. to raise the amount of their judgment mortgage the lands were sold, and the purchaser having required that H.'s mortgage should be satisfied : Held, that H. was entitled to register his judgment as a mortgage against the interest of W. R. in the lands, under 13 & 14 Vict. c. 29, and that it created a valid sub-mortgage. APPLICATION on behalf of the plaintiffs, under sect. 9 of the Vendors and Purchasers Act, 1874, for a declaration that the registration of a judgment obtained by Thomas Simpson Harbinson against the plaintiff William Rossborough, as a mortgage to affect his estate and interest in the lands in the pleadings mentioned was V.- C. 1889. July 8, 29. 410 LAW REPORTS (IRELAND). [L. R. I. V.-C. invalid, and that the plaintiffs were not bound to discharge said 1889. judgment mortgage. ROSSBOROUGH On the 10th January, 1879, the plaintiffs William Rossborough APINisatio and Jane Rossborough registered a judgment as a mortgage against the interest of...