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

JurisdictionIreland
Judgment Date28 April 1907
Date28 April 1907
CourtCourt of Appeal (Ireland)
In The Matter Of The Estate Of Edward Walkington Thomson, Owner;
Charles O'Connell, Administrator of Catherine Richardson, Deceased, Petitioner (1).

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.

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, by the Court of Appeal (reversing the order of Ross, J.), that, for the purpose of securing the hypothetical purchaser, the rent so deemed to have been purchased must be secured as part of the original rent, and ranks therefore pari passu with the unredeemed portion of such original rent.

Appeal from an order of Ross, J., dated 5th February, 1907, declaring the annual sum of £16 7s. 5d., being the amount of an apportioned part of a fee-farm rent of £404 5s. 2d., payable out of the lands sold in this matter, and redeemed out of the purchase-money, to be puisne to the unredeemed portion of the said head-rent.

The following statement of the facts is taken from the judgment of Mr. Justice Ross, reported supra, at p.191:—

By an Incumbered Estates Court conveyance, dated 15th April, 1852, certain townlands of Clontygora North and Clontygora South and Edentubber were couveyed, subject, in conjunction with other lands, to an entire fee-farm rent of £404 5s. 2d., reserved by an indenture of fee-farm grant, dated 15th April, 1852 (made in lieu of a lease for lives renewable for ever), with such rights of indemnity in respect of an annual sum of £15 13s. 10d., part thereof,

against part of the lands comprised in the grant known as Hall's part of Monascreebe as were given by an indenture, dated 29th July, 1818, but liable to bear the residue of the said rent in indemnification of all the other lands liable thereto. The lands of Killeen, which were sold in this matter, are portion of the other lands liable to the said rent, and were, by another Incumbered Estates Court conveyance, dated 9th May, 1855, conveyed, subject to the said rent of £404 5s. 2d., with the like right of indemnity in respect of the said annual sum of £15 13s. 10d., and also indemnified against the residue of the said rent by the said lands of Clontygora North and Clontygora South and Edentubber. By an order, dated 7th March, 1906, £16 7s. 5d., part...

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2 cases
  • Attorney-General v Dublin Corporation
    • Ireland
    • Chancery Division (Ireland)
    • 2 Junio 1917
    ...C., and Ronan and Molony L.JJ. (1) [1910] 2 I. R. 534. (1) [1910] 2 I. R. 531. (1) [1910] 2 I. R. 534. (1) [1910] 2 I. R. 534. (1) [1907] 1 I. R. 311. (1) 1 Ch. D., at p. (2) 17 Ch. D. 746, at p. 756. (3) 9 A. C. 448. (1) 17 Ch. D. 756. (2) [1908] A. C. 298. (1) [1910] 2 I. R. 534. (1) Post......
  • De Vesci (Viscountess) v O'Connell
    • Ireland
    • House of Lords (Ireland)
    • 22 Mayo 1908
    ...190) should be restored. Appeal by Viscountess de Vesci and others in the same interest from the order of the Court of Appeal, reported [1907] 1 I. R. 311, reversing the order of Ross, J., ibid, 190. The respondent made a preliminary objection that no appeal lay to the House of Lords on the......

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