The Estate of Agnes D. Whitwell and Others, Owners; ex parte C. A. Eyre, Petitioner; and The Estate of David Grimond and Others, Owners; and The Partition Act, 1868 and 1876

JurisdictionIreland
Judgment Date26 January 1887
Date26 January 1887
CourtChancery Division (Ireland)

CHANCERY DIVISION.

Monroe, J.

IN THE MATTER OF THE ESTATE OF AGNES D. WHITWELL AND OTHERS,
OWNERS;
EX PARTE C. A. EYRE,
PETITIONER;
AND IN THE MATTER OF THE ESTATE OF DAVID GRIMOND AND OTHERS,
OWNERS;
AND IN THE MATTER OF THE PARTITION ACT, 1868 AND 1876.

Wilkinson v. JobernsELR L. R. 16 Eq. 14.

Pemberton v. BarnesELR L. R. 6 Ch. App. 685.

Drinkwater v. RatcliffeELR L. R. 20 Eq. 528.

In re Langdale's Estate Ir. R. 5 Eq. 572.

Rowe v. Gray 5 Ch. Div. 263.

Wilkinson v. JobernsELR L. R. 16 Eq. 14.

Drinkwater v. RatcliffeELR L. R. 20 Eq. 530.

Pemberton v. BarnesELR L. R. 6 Ch. App. 685.

1868 (31 & 32 Vict. c. 40), s. 4 "Good reason to the contrary" Artificial depreciation of land Substantial injury to owners Application to show cause against sale Costs.

Voi.. XIX.] CHANCERY DIVISION. 45 IN THE MAUER OF THE ESTATE OF AGNES D. WHIT- Monroe, J. WELL AND OTHERS, OWNERS; Ex PARTE C. A. EYRE, 1887. PETITIONER ; AND IN THE MATTER OF THE ESTATE OF Jan. 19, 26. DAVID GRIMOND AND OTHERS, OWNERS ; AND IN THE MATTER OF THE PARTITION ACTS, 1868 AND 1876. Partition Act, 1868 (31 32 Viet. c. 40), s. 4-"Good reason to the contrary" -Artificial depreciation of land-Substantial injury to owners-ApplicaÂÂtion to show cause against sale-Costs. It is not " good reason to the contrary " against a sale instead of partiÂÂtion, under the 4th section of the Partition Act, 1868, that owing to agrarian agitation the value of land is depreciated, and that consequently the interest on the purchase-money of the lands proposed to be sold would be but fifty per, cent. of the amount of the rents payable thereout, to the alleged injury of the parties showing cause. MOTION to make absolute conditional order for sale. The lands in this matter were situate in the Queen's County, and were held in fee-simple by Agnes D. Whitwell, James Alexander Luke in right of his wife Helen Luke, Euphemia Stephens, David Grimond in right of his wife Frances E. 0. M. Grimond, and Jessie M. T. B. Baxter, as tenants in common. In the year 1876 A. D. Whitwell, Euphemia M. Stephens, and Helen Luke mortgaged their undivided three-fifths, to which they were entitled, to the petitioner, to secure 4000 and interest. The petition prayed for a sale of the entire of the lands under the Partition Acts. A conditional order had been made for the sale of all the lands. Mrs. Grimond and Miss Baxter showed cause against making this order absolute, on an affidavit stating that a sale would in their belief result in...

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2 cases
  • H v O
    • Ireland
    • Supreme Court
    • 1 January 1980
    ...p. 138 supra 2 Porter v. Lopes (1877) 7 Ch. D. 358, 363. 3 Drinkwater v. Ratcliffe (1877) L.R. 20 Eq. 528. 4 In re Whitwell's Estate (1887) 19 L.R. Ir. 45. 5 In re Yates, Batcheldor v. Yates (1888) 57 L.J.Ch. 697. 6 Saxton v. Bartley (1879) 48 L.J.Ch. 519. 7 In re Beverly, Watson v. Watson ......
  • First National Building Society v Ring
    • Ireland
    • High Court
    • 1 January 1992
    ...Ltd. v. Wycherley [1982] I.R. 143. O'D. v. O'D. (Unreported, High Court, Murphy J., 18th November, 1983). Re Whitwell's Estate (1887) 19 L.R. Ir. 45. Real property - Judgment mortgage - Enforcement - Joint tenancy - Severance - Partition - Sale in lieu of partition - Court's discretion - Fa......

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