Stephenson v Royce

• Jurisdiction: Ireland
• Judgment Date: 13 November 1856
• Date: 13 November 1856
• Court: High Court of Chancery (Ireland)

Chancery.

STEPHENSON

and

ROYCE.

Jones v. SmithENRENR 1 Phil. 244; S. C., 1 Hare, 55.

Jackson v. Rowe 2 S. & Stu. 472.

Eyre v. Dolphin 2 Ba. & Bea. 300.

Gardiner v. BlesintonUNK 1 Ir. Ch. Rep. 79.

Scott v. ScottUNK 11 Ir. Eq. Rep. 487.

Popham v. Baldwin 2 Jo. 320.

Hall v. GommeENR 1 Beav. 540; S. C. on appeal, 5 M. & C. 250.

Steadman v. Poole 16 Law Jour. 349.

Bushell v. Bushell 1 Sch. & Lef. 103.

Lessee M'Donald v. Murphy 2 Fox & Sm. 279.

Whitbread v. Jordan 1 Y. & Col., Ex., 303.

Wyatt v. Barwell 19 Ves. 435.

Ware v. Egmont 1 Jur., N. S., 97; S. C., 4 D. M. & Gor, 460.

Jones v. SmithENR 1 Phil. 244.

CHANCERY REPORTS. 401 ent ; but it is not stated that any one of these gentlemen ever had an affidavit sworn to be used in this Court. I do not at all regard the mere convenience of the Messrs. King ; but I think that a public office of this kind is a great public advantage. Every one knows ,,where to go with the certainty of finding a Commissioner at home, which might not be the case under a different system. I will not now make any change ; it would be very inconvenient, unless I were to adopt the English system, and appoint a very great number, so as to increase the chances of some of them being found ; and yet when that was done, it might not be worth while for any of the Commissioners to attend with punctuality to the business. I think it a safe plan to have one established place ; and I shall, therefore, refuse Mr. Wilkin's application. 1856. Chancery. Ex parts WILKIN. Judgment STEPHENSON v. ROYCE. May 23, 26. Nov. 13. Lc the year 1758, Richard Stephenson the first, being seised of the 1., by a mar riage settle lands of Ballyrohane, Liscordane and Krihill or Kerryhill, subject to ment executed in 1758, set a mortgage for £1100, and a jointure of £50 a-year, payable to tled the lands of K., in the barony of C. and county of L., to the use of himself for life, remainder to his first and other sons in tail. In 1786, R. and 0., his eldest son, entered into articles of agreement, which recited that by the deed of 1758 the lands of K,, in the barony of C. and county of L., had been settled in strict settlement, and by which R. and 0. agreed to suffer a recovery of the said lands (without further describing them), which should enure to the use of:R. for life, remainder to the use of 0. for life, remainders over to the other sons of R. and their children, in strict settlement; but no words of limitation were contained in the articles. The articles further provided an annuity of £50 a-year out of K. for 0. during the life of R. These articles were not regis tered until 1791, and the memorial altogether omitted to state the barony in which the lands of K. were situate. A recovery of the lands of K. was duly suffered in the year 1786, and by the deed creating the tenant to the prucipe, which was enrolled, but not registered, it was declared that the recovery should enure to the uses of a deed to be executed in pursuance of the articles. No deed declaring the uses of the recovery was executed. The petitioner was son of one of the sons of R., and all the limitations previous to the estate limited to him were exhausted. In the year 1788, 0., by a deed reciting that he was entitled to the lands of K. in fee, subject to the life estate of R. therein, and that he was entitled to an annuity issuing out of the lands of K., conveyed to M. the lands of K. subject to, a perpetual VOL. 5. 51 402 CHANCERY REPORTS. Sarah Stephenson his mother, settled these lands to the use of himÂself for life, remainder to provide a jointure for Constance his intended wife, with remainder to his first and other sons in tail male. The marriage, on the occasion of which the above settleÂment was made, took effect, and there were issue thereof Oliver Stephenson, the eldest son, and William Richard, the second, and Hugh. Oliver Stephenson, having attained his age, being the father of three children, Richard the third, Standish and Oliver the second, and having married Catherine Peppard, the mother of these chilÂdren, who were alleged to be illegitmate, joined in certain articles of agreement, bearing date the 9th of June 1786, and made between Richard 'Stephenson the first and Constance his wife, Oliver Stephenson the first and Catherine his wife, and Sarah Stephenson, which recited that by a settlement, bearing date the 1st day of February 1758, the towns and lands of Ballyrohane, Liscordane and Krihill, containing, &c., "situate, lying and being in the barony of Connelloe and county of Limerick, were vested in trustees, to the uses and purposes following." The recital then went on to state the limitations of the deed of 1758, and the articles proceeded to witness that Richard and Oliver agreed " to suffer a recovery, in the usual form, of the said lands (not otherwise naming the lands), and also to levy a fine, in which Constance should join, and that such fine and recovery should enure, as to the lands of Gortbuoy, to the use of William Smith and his heirs, he paying therefor the sum of £1025, £600 to Richard, and the residue, after rent of £15 a-year, and conveyed to a trustee for M. the annuity during K.'s life. A document purporting to be a memorial of this deed was registered in 1788, but it neither described the lands conveyed nor the nature of the conveyance. R. died in 1789. In 1808, 0. conveyed the rent of £15 a-year reserved by the deed of 1788, to a trustee for M. ln 1811, the lands of K. were, with other lands, settled by M. for a valuable consideration ; and the respondents claimed under that settlement. On a petition, filed for the purpose of having the articles of 1786 carried into execution, it was Held, that neither the deed of 1786 nor the deed of 1788 was effectually registered ; that the mention in the deed of 1788 of the annuity created by the articles of 1786 was not, as against persons claiming under the settlement of 1811, notice of the articles, and that the petitioner was not entitled to recover. If the barony in which the lands affected by a deed are situate be mentioned, even in a recital in that deed, the memorial for registration must also'mention the barony. A purchaser is not fixed with notice of a deed by evidence that he had notice of an annuity created by that deed, which, from the notice given of its existence, appeared to have expired many years before the purchase. CHANCERY- REPORTS. 403 deducting-all expenses; to Oliver ; and Richard thereby covenanted that during the life of Richard, Oliver should be entitled to receive a rentcharge of £50 per annum out of the unsold portion of the said lands, in consideration whereof Oliver covenanted that Richard should have power to charge the lands with a sum of £300. Both covenanted that the lands should be charged with £30, a-year for Catherine the wife of Oliver, and with £300 for their younger children ; and subject to the said provisions, the recovery was to enure to the use of Richard the first for life, remainder to Oliver the first for life, remainder to his son Richard the third for life, remainder to his first and other sons in tail male, remainder to...