Smith v Savage

• Jurisdiction: Ireland
• Judge: Barton, J.
• Judgment Date: 05 May 1906
• Court: Chancery Division (Ireland)
• Docket Number: (1905. No. 196.)
• Date: 05 May 1906

Smith

and

Savage.

Barton, J.

(1905. No. 196.)

CASES

DETERMINED BY

THE CHANCERY DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND

AND BY

THE IRISH LAND COMMISSION,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL.

1906.

Statute of Limitations — Intestate — Farm — Next-of-kin in possession — Other next-of-kin out of possession for more than twelve years — Former entitled to shares of latter as joint tenants.

The next-of-kin of an intestate, who remain on in possession of chattels real without taking out administration, acquire, under the Statute of Limitations, a joint tenancy in the shares of other next-of-kin who have remained out of possession for more than twelve years, although, in respect of their own original shares, they hold as tenants in common.

Martin v. Kearney (36 Ir. L. T. R. 117) distinguished.

Trial of Action. Patrick M'Mullan, of Legananny, in the County of Down, was, at the time of his death, possessed of four farms of land, which together contained 87a. 0r. 20p., situate in the townland of Legananny, barony of Upper Iveagh, and County of Down, held under a tenancy from year to year. Patrick M'Mullan died on the 2nd October, 1864, intestate, leaving a widow Margaret M'Mullan, two sons, Owen and James, and six daughters, Mary, Catherine, Ellen, Margaret, Teresa (the plaintiff), and Lucy, who thereupon entered into possession of the lands. No representation was taken out to Patrick M'Mullan, and his widow caused her name to be inserted in the landlord's books as tenant of the farms, and in the year 1880 these farms were consolidated into one holding at the yearly rent of £34. Subsequently by agreement the judicial rent of the holding was fixed at £29. The name of Margaret M'Mullan continued in the landlord's books as tenant of the holding to the date of her death, which occurred on the 22nd February, 1892, whereupon Owen M'Mullan caused his name to be inserted in the landlord's books as tenant of the holding, and his name remained in the landlord's books to the date of his death, which occurred on 15th December, 1903. By his will dated 27th November, 1903, Owen M'Mullan bequeathed all his property to James Lewis Savage, Patrick Daniel Savage, and Patrick M'Mullan, whom he appointed his executors.

By an order of the Land Commission, dated 22nd November, 1904, the judicial rent of the holding was fixed in the joint names of Patrick Daniel Savage and Patrick M'Mullan, who had taken out probate, the other executor having renounced.

Mary...