Smith v Smith

• Jurisdiction: Ireland
• Judgment Date: 07 November 1879
• Date: 07 November 1879
• Court: House of Lords (Ireland)

H. of Lds.

SMITH

and

SMITH

Insolvency — Reversionary interest.

394 LAW REPORTS (IRELAND). L. R. I. V. C. to dower out of the testator's lands, and. I must dismiss the action 1879. with costs so far as it seeks a declaration relating to that claim. ROBINS v. Solicitors for the Plaintiff : Messrs. Wm. Roche t Sons. Al'Domma. Solicitor for the Defendant M`Donnell : Mr. Wm. Mooney. Solicitors for the Defendant L. E. Robins : Messrs. Wm. Kelly cif Son. SMITH v. SMITH (1). Insolvency-Reversionary interest. THIS was an appeal from a decision of the late Court of Appeal in Chancery. The original suit was instituted. for the purpose of having an account of the distribution of assets arising from a devise of certain lands in Stocking-lane, in the County of Dublin. There were many points in discussion in the Courts below (Ir. Rep. 10 Eq. 273 ; 1 L. R. Ir. 206), but the point presented for decision on this appeal was whether, by reason of the insolvency of the Respondent's father in 1821 (when the 53 Geo. 3, c. 138, was in operation), and the proceedings under that insolvency, all the equitable estate, right and interest of the Respondent's father to a part of the profit rent of the lands of Stocking-lane, to which he had a title expectant in reversion, had not passed away from him and vested in the assignees under the insolvency by the conveyance made in pursuance of the Act. The reversion did not in fact fall in until many years after the inÂsolvency. The Court of Appeal had held that that reversionary interest of the Respondent's father had not passed under the insolvency (1 L. R. Ir. 222), and hence this appeal. Mr. Arthur Cleary, of the Irish bar, appeared in support of the appeal. There was no appearance for the Respondent. The LORDS were of opinion that the 18th section of 53 Geo. 3, (1) See Weekly Notes, November 22, 1879. 'Vox.. III.] CHANCERY DIVISION. c. 138, had no effect on a reversionary interest, which was not even named in the conveyance made under the statute. Appeal dismissed, and judgment of the Court below affirmed. 395 H. of Lds. 1879. SMITH V. SMITH. Solicitors for the Appellant : Messrs. Cruse 8f Clay. IN THE MATTER OF THE ESTATE OF WILLTAM BARKER, Land Judges. OWNER AND PETITIONER ; CONTINUED IN THE NAME OF 1878. OFT Al/LIRE BRABAZON PONSONBY, OWNER. Dee. 9. Settlement-Covenant against incumbrances-Purchasers for value-Notice-Effect of covenant in throwing undisclosed incumbrances on unsettled proÂperty-Power exercisable by...