Spaddacini v Treacy

• Jurisdiction: Ireland
• Judgment Date: 02 July 1888
• Date: 02 July 1888
• Court: Chancery Division (Ireland)

Chancery Division.

SPADDACINI

and

TREACY

Brown v. ThorpeELR L. R. 2 H. L. 220.

In re Smith and Ross 11 Ir. Ch. R. 400.

In re Gray Ir. R. 1 Eq. 265.

Davis v. Kennedy Ir. R. 3 Eq. 31.

Doughty's Estate Ir. R. 2 Eq. 235.

Crosbie v. Murphy 8 Ir. Ch. R. 311.

In re Edgeworth 11 Ir. Ch. R. 311.

In re Thomas Farrell 7 Ir. Jur. 68, 307.

Ulster Bank's Estate Ir. R. 3 Eq. 264.

In re FitzpatrickUNK 19 L. R. Ir. 20.

Lee v. TurnerELR 20 Q. B. Div. 773.

Adams v. Graham 33 L. J. (N.S.)Q. B. 71.

Gray's Estate Ir. R. 1 Eq. 265.

Ulster Bank's Estate Ir. R. 3 Eq. 264.

In re EdgeworthUNK 11 Ir. Ch. Rep. 294.

Dryden v. Hope 9 W. R. 18.

Ex parte Hooman; In re ViningELR L. R. 10 Eq. 63.

Allen v. Thompson 25 L. J. (N. S.)Ex. 249.

Judgment mortgage — 13 & 14 Vict. c. 29 — Affidavit for registration — Description of judgement creditor — Several plaintiffs.

SPADDAOINI v. TREACY. M. B. 1888. Judgment mortgage-13 (3' 14 Viet. c. 29,4jfidavit for registration-Descrip- June 26. tion of judgment creditor-Several plaintifs. July 2. An affidavit to register a judgment made by A, one of two plaintiffs, described him as of S. Castle, and his title as Esquire. The place where he resided had been so called for a number of years, but for a short time before the date of judgment and affidavit had been known as St. P. Maison de Santé. He had been a solicitor, but was struck off the roll several years before. The other plaintiff B was a trader, but was described as "gentleman." The two plaintiffs obtained the judgment as trustees of a marriage settlement : Held, following The Ulster Bank's Estate (Ir. R. 3 Eq. 264), that the judgment was properly registered, the residence and title of A being sufficiently stated ; but, if the case had depended upon the correctness of the affidavit as to B Semble, it was not sufficient to describe B as " gentleman." It is not sufficient to describe one as " gentleman" who has a trade or profession. CLAIM against the estate of John Treacy, deceased, placed by the Chief Clerk in the Judge's list for adjudication. On the marriage of John Treacy, on the 9th January, 1838, he executed a bond to the trustees of his settlement for £2000. No step was taken by the trustees on foot of the bond until January, 1883, when an action was brought thereon and judgment obtained by them. The judgment was registered as a mortgage on the affidavit of A, one of the plaintiffs, who had been for many years a practising solicitor, but was struck off the roll of solicitors by order of the Court of Chancery on the 20th July, 1871. The affidavit, which was made by A, for registration of the judgment was as follows : " 1. The said A and John Donohoe (the co-trustee) did, on the 22nd. February, 1883, obtain and enter up a judgment in the Queen's Bench Division of the High Court of Justice in Ireland against the said defendant in this cause for the sum of £2000, The claim was on foot of the judgment mortgage., It was objected to on the grounds stated in the affidavit of William P. li'Evoy, which, after referring to the affidavit of the 23rd February, 1883, stated: "The deponent A had been for many years a practising solicitor. He was...