Stacpoole and Harvey v Parkinson

• Jurisdiction: Ireland
• Judgment Date: 05 November 1874
• Date: 05 November 1874
• Court: Exchequer (Ireland)

Exchequer.

STACPOOLE AND HARVEY

and

PARKINSON.

Erne v. ArmstrongUNKIR I. R. 6 C. L. 279.

Jones v. PhillpsELRENR L. R. 3 Q. B. 567; 9 B. & S. 761.

Myles v. MurphyUNKIR I. R, 5 C. L. 302.

Wilson, Ap. v. Crofton, Resp. 10 Ir. Jur. 200.

Marriott v. EdwardsENR 5 B. & Ad. 1065.

Wilkinson v. CooleyENR 5 Burr. 2697.

Lessee Wood v. AherneUNK 6 Ir. L. R. 95.

Johnstone v. HudlestoneENR 4 B. & C. 922.

Bessell v. Landsberg 7 Q. B. 638.

Keatinge v. ClearyUNK 6 Ir. L. R. 221.

Doe d. Lyster v. Goldwin 2 Q. B. 143.

Trent v. HuntENR 9 Ex. 14.

Birch v. WrightENR 1 T. R. 378.

Miles v. MurphyUNK Ir. R. 5 C. L. 382.

Jones v. PhippsELR L. R. 3 Q. B. 567, 572.

Notice to quit by mortgagor — Authority from mortgagee — Tenancy created before the mortgage.

VOL. VIII.] COMMON LAW SERIES. 561 STACPOOLE AND HARVEY v. PARKINSON. Notice to quit by mortgagor-Authority from mortgagee-Tenancy created before the mortgage. 1. A notice to quit signed by the mortgagor alone held sufficient to deterÂmine a tenancy created before the mortgage, where the tenant knew, previously to the service of the notice, that the mortgagor had a general authority from the mortgagee to determine tenancies. 2. A notice to quit signed by a mortgagor, who had a general authority from the mortgagee to determine tenancies, held sufficient to determine a tenancy created before the mortgage, although the notice 'did not purport on the face of it to be upon behalf of the mortgagee. EJECTMENT, founded on a notice to quit, tried before BARRY, J., at the Ennis Spring Assizes, 1874. The Defendant was the land agent of the Plaintiff for the previous ten years, and also his tenant from year to year of the lands of Ballyalla, and during the continuance of his agency obtained for the Plaintiff a. loan secured by mortgage of, amongst others, the lands of Ballyalla. From ,«the date of the mortgage the Defendant had, as agent to the Plaintiff, served notices, and brought actions against the occuÂpying tenants of the mortgaged lands, with the full knowledge of the mortgagee. The Plaintiff requiring possession of the lands of Ballyalla, a correspondence ensued between him and the Defendant, in which the latter stated that whether he would give up possession in September or November of the lands of which he had had notice to quit in September, would depend on the state of his crops at the time. The Defendant subsequently, on being asked was a regular notice to quit necessary, told the Plaintiff to act in the matter as he liked; and a notice to quit having been served by the Plaintiff in his own name alone, the Defendant, three days afterwards, asked the mortgagee had he sanctioned the notice to quit, and was informed by him that he bad not, but that he conÂsidered it a matter between themselves. The ejectment was duly brought on this notice, with the mortgagee as a Co-Plaintiff, and the sole question was as to the validity of the notice to quit. The 562 THE IRISH REPORTS. [I. R. Exchequer. jury having found-(1) that the mortgagor had always permitted 1874' Mr. Stacpoole to manage the lands as he thought fit ; (2) that the STACPOOLE Defendant had led him to believe that the notice would determine PARKINSON. the tenancy ; and (3) that Mr. Stacpoole acted on that belief, the Judge directed a verdict for the Plaintiff, with leave reserved to turn it into a verdict for the Defendant, if he should so have directed on the findings. A. conditional order having been obtained pursuant to the leave reserved :- James Murphy, Q. C., O'Brien, Q. C., and...