Silk, Petitioner; Eyre, Respondent

• Jurisdiction: Ireland
• Judgment Date: 12 July 1875
• Date: 12 July 1875
• Court: Chancery Division (Ireland)

V. C. Court.

SILK,

PETITIONER;

EYRE,

RESPONDENT.

Haly v. BarryELR L. R. 3 Ch. App. 452.

Batchellor v. LawrenceENR 9 C. B. (N. S.) 543.

Right of surety to be recouped out of the principal's estate — Priority —

VoL. IX.) EQUITY PERTP.S. 393 SILK, PETITIONER ; EYRE, RESPONDENT. V. C. Court. 1875. Right of surety to be recouped out of the principal's estate-„Priarity-Charging order by puisne creditor of the principal, July 12. The estates of A. and B. being equally liable to the ineumbranees upon them, to the extent of £12,000, were sold, and the whole produce of the sale was applied to payment of the incumbrances ; A.'s estate was valued at £3000 and B.'s at £9000 ; there being a fund in Court representing rents received out of A.'s estate prior to the sale-Held, that B.'s right to be recouped out of that fund his over-contribution towards payment of the incumbrancers, was prior to that of a puisne judgment creditor of A., who had obtained an order charging that fund with the amount of his demand. MOTION on behalf of the Petitioners for an order that the Accountant-General should transfer to the Petitioners, or their attorney, the sum of £263 13s. 4d. Government New Three per cent. stock, standing to the credit of the matters in the title, and draw in favour of the Petitioners for the sum of £3 18s. 5d. cash, the dividends on the stock. It appeared from affidavits that Thomas S. Eyre was seised of an estate for life in certain lands, with remainder to his son, Thomas S. Eyre, junior, for life; that both those estates were equally liable to discharge the incumbrances upon them, consisting chiefly of judgments, amounting to £12,000, for the payment of which both estates were sold, in 1872, for £12,000, in the Landed Estates Court, where the value of the father's estate was estimated at £3000 and that of the son at £9000; and that the whole pxo. duce of the sale had been applied in discharge of the incumÂÂÂÂbrances. Previously to the sale, a receiver had been appointed over the father's life estate at the instance of the judgment creditors, and, upon their being paid by the produce of the sale, he was disÂÂÂÂcharged, and the fund in Court, the subject now in dispute, was the balance found to be in his hands on the passing of his final account, and represented the surplus rents received by him out of the father's estate. 394 THE IRISH REPORTS. [I. R. V. C. Court. The...