Smith v Chichester

• Jurisdiction: Ireland
• Judgment Date: 25 May 1842
• Date: 25 May 1842
• Court: Court of Chancery (Ireland)

Chancery.

SMITH

and

CHICHESTER.

Bernard v. DroughtUNK 1 Mol. 38.

Ex parte ShawENR Jacob, 270.

M'Cann v. BeereUNK 1 Hogan, 129.

Furlong Howard 2 Sch. & Lef. 115.

Hutchinson v. Joyce 2 Jones, 122.

Hooper v. RamsbottomENR 6 Taunt. 12.

Harrington v. PriceENR 3 B. & Ad. 170.

Ibid 173.

Buckhurst's caseENR 1 Co. Rep. 1.

Philipps v. RobinsonENR 4 Bing. 106.

Skip v. WyattENR 1 Cox, 353.

Wetherall v. CollinsUNK 3 Mad. 255.

Bartle v. WilkinsENR 8 Sim. 238.

580 CASES IN EQUITY. 1842. Chancery. SMITH v. CHICHESTER. May 25. A party enÂÂtitled to a leasehold inteÂÂrest mortgages it, and subseÂÂsequently obÂÂtains a new lease of the land from the head landlord. A bill is filed against him here to have the new lease declared a graft upon the old. Pending the suit he deÂÂposits the new lease with an English SoliÂÂcitor, to whom he is inÂÂdebted for costs at the time, and to whom he incurs a debt for costs subsequently to the deposit. A decree is afterwards pronounced deÂÂclaring the new lease a graft upon the old, and the mortgagee enÂÂtitled to the benefit of it.-Held, that the Solicitor had no lien for costs upon the new lease as against the mortgagee. A mortgagee after his mortÂÂgage is forÂÂfeited, exeÂÂcutes several sub-mortgages and files a bill of foreclosure, making the sub-mortgaÂÂgees defendan SIR ARTHUR CHICHESTER being entitled to a chattel interest in the lands of Carrowtrasna, under a lease made in 1812, upon the 18th of July 1814, assigned that interest to Anne Hart in mortgage for securing 4061. 10s. 9d., with interest. On the 14th of November 1823, Anne Hart assigned the mortgage debt and the mortgaged premises tc., Thomas Alexander and Joseph Cochrane in mortgage, for securing a sum of money and interest ; and on the 25th of November 1825, she executed another sub-mortgage to Samuel Cochrane. On the 23rd of February 1837, and 3rd of July 1839, she executed two other sub-mortgages--the former to Adam Hilton, the latter to Alexander Arthur. On the 1st of May 1824, Sir Arthur Chichester obtained a new lease of the same lands for lives, with a covenant for perpetual renewal ; and on the 11th of August 1834, the executor of Anne Hart filed a bill against him, praying an account of what was due on foot of the mortgage of the 18th July 1814, and that the new lease obtained by Sir Arthur might be declared a graft upon his former interest in the lands, and the plaintiff entitled to the benefit of it, and for a foreclosure and sale. To that bill the sub-mortgagees Thomas Alexander, and Joseph CochÂÂrane and Samuel Cochrane, were not parties. In the month of October 1835, Sir Arthur Chichester deposited the lease of 1824 with Michael Clayton, an English Solicitor, who had been previously employed by him, and to whom he was then indebted for costs. The plaintiff filed an amended bill on the 30th of April 1836, making Alexander and the Cochranes, and certain judgment creditors of Sir Arthur who had obtained a receiver over the lands, parties ; and on the 18th of May 1838, he filed a supplemental bill, bringing before the Court the sub-mortgagees Hilton and Arthur, and the assignee of Sir Arthur Chichester, who had taken the benefit of the Insolvent Act, and he afterÂÂwards amended that bill by making Michael Clayton a party. On the 12th of November 1839 a decree was pronounced, declaring the lease of 1824 to be a graft upon the original lease of 1812, without prejudice to any question of priority between the plaintiff and defendants, or any creditors of Sir A. Chichester, and referring it to the Master to take an account of what was due to the plaintiff on foot of the mortgage ts. Held, that he was entitled to the costs of the sub-mortgagees against the estate. CASES IN EQUITY. 581...