The Estate of Burton W Persse

• Jurisdiction: Ireland
• Judge: Wylie, J.
• Judgment Date: 20 November 1911
• Court: Chancery Division (Ireland)
• Date: 20 November 1911

In the Matter of the Estate of Burton W. Persse.

Wylie, J.

CASES

DETERMINITD BY

THE CHANCERY DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND.

AND BY

THE IRISH LAND COMMISSION,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL.

1912.

Land Purchase Acts — Purchase-money of lands sold paid out — Miscarriage — Jurisdiction of Land Commission to order re-lodgment.

Where the purchase-money of lands sold under the Land Purchase Acts has been paid out to any person through a miscarriage, the Court has jurisdiction to order the person to whom the money has been so paid to re-lodge the same in Court.

In re Gage's Estate (17 L. R. Ir. 111) applied.

Motion by the Commissioners of Charitable Donations and Bequests that the vendor be directed to re-lodge in Court the redemption-price of a charitable annuity of £25 charged on the lands sold in this matter, and arrears of said annuity, and costs.

Under the will of Parsons Persse, who died in 1814, the lands of Ballinruane and Granna were devised as therein mentioned, subject as to the said lands of Ballinruane to a charitable annuity of £25, which by a decree in Chancery made in 1842 was declared well charged on said lands.

In 1891 the vendor succeeded to the estate comprising the lands so devised. He paid said annuity up to 1905, but subsequently declined to continue payment thereof, alleging that the lands of Ballinruane, charged with said annuity, were other lands of the same name in the neighbourhood of the estate then in the possession of Captain Persse.

Early in 1906 the vendor lodged an originating request for the sale of the estate under the Land Purchase Acts. In the originating request, and on the sale-map lodged therewith, the lands for sale were described as Granna, East and West, and part of Monneen. The abstract of title lodged commenced with a conveyance, dated the 22nd April, 1852, wherein the lands were described as Ballinruane and East and West Granna; and in all the title-deeds abstracted the lands were similarly described. The Examiner required evidence of identity of the lands sold with the lands to which title was shown. Two affidavits were filed in order to satisfy the requisition, which were, in fact, though not intentionally, misleading. In the final notice to claimants the lands were set out under the description in the originating request. In April, 1907, the purchase-money was allocated, and the residue, amounting to upwards of £3000, was paid out to the vendor.

The Commissioners of...