Taylor v Gorman

• Jurisdiction: Ireland
• Court: Rolls Court (Ireland)
• Judgment Date: 06 May 1842
• Date: 06 May 1842

Rolls.

TAYLOR

and

GORMAN.

Bessonet v. RobinsENR 1 Sausse & Sc. 142.

Cann v. CannENR 3 Sim. 447.

Dyer v. Hargrave 10 Ves. 505.

Campbell v. Hay 2 Moll. 106-7.

Scott v. HansonENR 1 Russ. & My. 131.

Thomas v. PowellENR 2 Cox, 394.

550 CASES IN EQUITY. TAYLOR v. GORMAN. May 3, 6. In the publishÂed rental of premises adÂvertised to be sold under deÂcree, one porÂtion was deÂscribed as subÂject to " a lease for sixty. eight years from the year 1778," at the yearly rent of £9. 13s. 10d., which was very inadequate. The sale took place in NoÂvember 1840 ; the purchaser went into 'posÂsesion in NoÂvember 1841 ; in January 1842 he beard that the lease in question was misdescribed in the rental, but took no step ; on 12th March 1842, the lease in question with the other title deeds (which had been lodgÂin the Master's office for the purposes of the sale, &c.) were handed over to him, and the lease turned out to be for sixty-eight years from the year 1796, and a further term of seven years, added by inÂdorsement. He now (3rd May 1842) moved UNDER the decree in this cause, the rent and reversion of certain houses and premises in Golden-lane and Whitefriar-street, in the city of Dublin, as described in the rental prepared by the plaintiff's Solicitor, were sold, on the 4th of November 1840, to W. F. Darley, Esq., for £4000. Part of the premises was described as a house, &c., " No. 19 Golden-lane, "held for sixty-eight years from the year 1778, at a yearly rent of £9. 4413s. 10d., and yielding a very considerable profit to the lessee." PreÂvious to the preparation of the rental, the several leases and muniments of title relating to the premises were lodged in the Master's office for the purposes of the sale, and remained there until handed over to the purchaser. In the course of the year 1841, the sale was confirmed absolutely, the title accepted, and the conveyance executed ; and on the 30th of NovemÂber in that year, the purchaser went into possession. On the 12th of March 1842, the several leases and muniments of title, lodged in the Master's office, were handed over to him, and, amongst others, the lessor's part of the lease of the house " No. 19 Golden-lane," which turned out to be a demise for sixty-eight years from the 25th of March 1796, and for a further term of seven years after the expiration of that previously granted--the additional term being added by an indorsement on the lease : so that instead of expiring in the year 1846, as it should do according to the statement in the rental, it would not expire before the year 1871. There was now an application on the part of the purchaser, for a reference to the Master to inquire and report whether the purchaser was entitled to any and what amount of compensation, in consequence of the misdescription of the...