The Agra Bank v Barry

CourtHouse of Lords (Ireland)
Judgment Date15 June 1874
Date15 June 1874

H. L.



Holmrd, Anton, Greig, and White L. R. Week. N. 27th Junr, 1874, p. 143.

Registry — Notice — Fraud.

Vox,. VIII.] EQUITY SERIES. cannot, in many instances, be enforced in this Court.." In Berry v. Mullen (1) I said : " As to the practice in these cases, I wish to remark that it was formerly the course to make a consent a rule of Court, so far as the Court hadjurisdiction to enforce it. I thought this was an inconvenient method, and, following the example of Lord Penzance, when I have not jurisdiction to enforce a consent, I simply enter the document in the registry of the Court, to be. made use of as the parties may afterwards choose." If there were here any question of the decree having been founded on a consent obtained by fraud, I would interpose and set aside the proceedings, and have the cause tried over again, as I have jurisdiction to do under the provisions of the 30th section of the Act of Parliament cited by Mr. Raymond. But no such question has been raised here ; and, on the authority of those two English cases, and on the general ground that the present pracÂÂtice of this Court is such as I have stated, I have no alternative-but to refuse this motion with costs. Order accordingly. Solicitor for the Plaintiffs : Mr. Arthur Ellis. Solicitors for the Defendant : Messrs. Williamson Hobson. (HOUSE OP LORDS). THE AGRA BANK v. BARRY. Registry-Notice-Fraud. APPEAL against a decision of the Court of Appeal in ChanÂÂcery (2), by the effect of which certain securities given by G. R. Barry, deceased, and held by the Respondent, had been allowed priority over other securities given by the same party in favour of the bank. The case depended chiefly on the facts, but also related to the effect of the Registration Acts in Ireland. Mr. Fry, Q. C., Mr. G. Fitzgibbon, Q. C. (of the Irish Bar), and Mr. Westlake, Q. C., were for the Appellants. (1) I. R. 5 Eq. 368. (2) I. IL 6 Eq. 128. 326 H. L. 1874. Tar, AGRA BANK V. BARRY. THE IRISH REPORTS. [I. R. Mr. Isaac Butt, Q. C., Mr. O'Hagan, Q. C., and Hr. Bonayne (all of the Irish Bar), were for the Respondent. The Lords (LORD CAIRNS, L. C., Lord HATHERLEY, and LORD SELBORNE ) affirmed the decision of the Court below, and dismissed the appeal with costs. Solicitors for the Appellants : Ashurst, Morris, 85 Co. Solicitors for the Respondent : Holmes, Anton...

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