The Estate of Charles Ambrose, Owner; Edward A. Harney and Another, Petitiioners

• Jurisdiction: Ireland
• Judge: Appeal.
• Judgment Date: 04 December 1913
• Court: Chancery Division (Ireland)
• Date: 04 December 1913

In the Matter of the Estate of Charles Ambrose,

Owner;

Edward A. Harney and Another,

Petitioners.

Appeal.

CASES

DETERMINED 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.

1914.

Mortgage — Transfer — Transferee for value without notice — Negligence of mortgagor — Fraud of mortgagee — Equities as between mortgagor and transferee — Two innocent parties — Which must suffer from fraud of third party? — Estoppel.

Appeal by the owner from the order of Ross, J., reported [1913] 1 I. R. 506.

The Court of Appeal (O'Brien, L.C., and Holmes and Cherry, L.JJ.) unanimously affirmed the judgment of Ross, J.

Sergeant Matheson, K.C., for the appellant.

Ronan, K.C., Brunskill, for the respondents.

J. M.