The Estate of Anne Smithwick, A Vendor of Land

• Jurisdiction: Ireland
• Court: Land Commission (Ireland)
• Judgment Date: 21 April 1896
• Date: 21 April 1896

In the Matter of the Estate of Anne Smith Wick, a Vendor of Land (1).

Land Com.

CASES

DETERMINED BY

THE QUEEN'S BENCH AND EXCHEQUER DIVISIONS

OF

THE HIGH COURT OF JUSTICE IN IRELAND,

AND BY

THE IRISH LAND COMMISSION,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL,

AND BY

THE COURT FOR CROWN CASES RESERVED.

1896.

Purchase of Land (Ireland) Acts, 1885 to 1891 — Vesting order — Mortgage — Arrears of interest — Statute of Limitations.

A vesting order made by the Land Commission under the Purchase of Land (Ireland) Acts, 1885 to 1891, stops the Statute of Limitations running as from its date, in favour of all persons having charges on the lands in respect of which the vesting order is made.

Arrears of interest directed to be paid on a mortgage for six years next preceding the making of vesting orders affecting the lands subject to the mortgage.

Application by Henry Lee Venables, the receiver appointed by the Chancery Division of the High Court of Justice of England to receive the principal and interest due on foot of a mortgage for £300 charged upon the lands sold in this matter, that he might be declared entitled to the difference between six years' interest upon the said charge previous to the 25th October, 1895, already allowed, and six years' interest prior to the first vesting order made in this matter, dated the 25th July, 1894, and that his claims against the guarantee deposit should be registered accordingly.

Agreements had been entered into between the landlord and the tenants for the sale to them through the Land Commission of the lands...