The Estate of Edward Walkington Thomson, Owner; Charles O'Connell, Administrator of Catherine Richardson, Deceased, Petitioner

• Jurisdiction: Ireland
• Judge: Ross, J.
• Judgment Date: 05 February 1907
• Court: Chancery Division (Ireland)
• Date: 05 February 1907

In the Matter of the Estate of Edward Walkington Thomson,

Owner;

Charles O'Connell, Administrator of Catherine Richardson, Deceased,

Petitioner.

Ross, J.

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.

1907.

Landlord and tenant — Land Purchase Acts — Redemption of liability for rent out of estate indemnified therefrom — Right over against indemnifying lands — Land Law (Ireland) Act, 1896 (59 & 60 Vict. c. 47), s. 33 (4).

Held, that such newly created rent does not rank in equal priority to the unredeemed portion of the head-rent, but is inferior to it.

Application for an order, under section 33 (4) of the Land Law (Ireland) Act, 1896, declaring the petitioner entitled to receive out of certain indemnifying lands the annual sum of £16 7s. 5d., being the amount of an apportioned part of a fee-farm rent of £404 5s. 2d., reserved by an indenture of fee-farm grant, dated 15th April, 1852, and payable out of the lands of Killeen sold in this matter, without prejudice to, and in equal priority with, the residue of the said fee-farm rent of £404 5s. 2d.

The facts appear sufficiently from the judgment.

D. F. Browne, K.C., for the applicant:—

Section 33 (4) of the Land Law (Ireland) Act, 1896 (l), is

(1) Section 33 (4) of the Land Law (Ireland) Act, 1896, is as follows:— “Where any liability for any annuity, rentcharge, or rent is apportioned and redeemed out of the purchase-money, and a right of indemnity in respect of such liability exists, the person entitled to the purchase-money shall be entitled to the proportion of the annuity, rentcharge, or rent so redeemed, in like manner as if he had purchased the same; and the Court, after due notice to all persons interested, shall make provision as to the future payment of such portion, of the annuity, rentcharge, or rent so purchased, and as to the land to be liable thereto, and such other provisions as appear to the Court necessary for carrying into effect this enactment.”

explained by Walker, L.J., in In re Owens' Estate (1): “By it, where an annuity is payable in respect of the lands sold, but the lands have a right of indemnity against other lands, the purchase-money once and for all discharges the annuity by a redemption sum, and the person whose purchase-money has paid it is put in the place of the annuitant (by a supposed purchase), in order to enable him to assert the right of...