The Estate of Charles Barnewall, Owner and Petitioner

• Jurisdiction: Ireland
• Judgment Date: 09 June 1867
• Date: 09 June 1867
• Court: Court of Appeal in Chancery (Ireland)

Ch. App.

IN THE MATTER OF THE ESTATE OF CHARLES BARNEWALL,

OWNER AND PETITIONER.

21 & 22 Vict. c. 72.

Gen. Rules and Orders of the L. E. Court, p. 107.

Gen. Rules and Orders of the L. E. Court, p. 108.

In re J. N. Blake Mƒ€™Nev. I. E. Court Pr. 227.

Sugd. V. & P. (14th Ed.) 322.

Barrand v. ArcherENR 2 Sim. 433; S. C. on App. 2 R. & M. 751.

Tyrconnell v. Ancaster Ambl. 237.

21 & 22 Vict. c. 72, s. 62.

Martin v. CotterUNK 8 Ir. Eq. Rep. 147.

1 & 2 Vict. c. 109, s. 32.

Martin v. CotterUNK 8 Ir. Eq. Rep. 147.

Howland v. Norris 1 Cox, Ch. C. 59.

Landed Estates Court — Tithe Rent Charge — Compensation.

IN THE MATTER OF THE ESTATE OF CHARLES BARNE WA 1-34, OWNER AND PETITIONER. Landed Estates Court-Tithe Rent Marge-Compensation. Lands were sold in the Landed Estates Court. The rental stated that the. lands were subject to head rent, fines, and fees, amounting to £49 38. 3id., that the annual value was £615 15s. Od., and the "net rental" £566 ls. 81d. The rental contained no statement as to tithe rent charge. A purchased the lands, and subsequently applied to the Court for compensation, on the ground that they were subject to tithe rent charge, stating in his affidavit in support of this application that he bought on the faith of the statements in the rental, and did not know or believe that the lands were subject to any other charge except those therein stated. Held, that A was not entitled to compensation. ON the 14th of June, 1866, certain lands, known as Causestown house and demesne, were set up for sale by auction in the Landed Estates Court, and purchased for the sum of £7200 by Mr. HopÂÂÂkins. These lands were described in the printed rental prepared for the purposes of the sale as being a moiety of certain lands held under a lease from the Primate of all Ireland for the term of twenty-one years, renewable. The yearly rents and. estimated value were stated to amount altogether to £615 15s., from which was to be deducted the sum of £49 3s. aid., half rent, fines, and fees, leaving a balance of £566 lls. 8-12-d., which sum was stated to be the " net rental" of the lands. The lands were also declared to be sold subject to a jointure of £276 18s. 6d., payable to Mrs. Rowe during her life. No other outgoing or deduction was mentioned in the rental. Mr. Hopkins, shortly after his purchase, was called on to pay half a year's tithe rent charge, and then discovered that the lands were subject to an annual payment of £13 2s. 10d. tithe rent charge. Under these circumstances...