The Estate of George William Thompson, Owner; Charles John Stewart, John Ormsby Moore Vandeleur, Edward John Johnston, and John Edward Tarleton, Petitioners

• Jurisdiction: Ireland
• Judge: Ross, J.
• Judgment Date: 01 May 1901
• Court: Chancery Division (Ireland)
• Date: 01 May 1901

IN THE MATTER OF THE ESTATE OF GEORGE WILLIAM THOMPSON,

OWNER;

CHARLES JOHN STEWART, JOHN ORMSBY MOORE VANDELEUR, EDWARD JOHN JOHNSTON, AND JOHN EDWARD TARLETON,

PETITIONERS.

Chancery Division

Landlord and tenant —— Superior interests — Indemnity —

In re Gabbett's EstateIR [1900] 1 I. R. 198.

In re Pentland's EstateUNK 22 L. R. Ir. 649.

392 THE IRISH REPORTS. [1901. Ross, J. IN THE MATTER OF THE ESTATE OF GEORGE WILLIAM 1901. THOMPSON, OWNER ; CHARLES JOHN STEWART, May 1. JOHN ORMSBY MOORE VANDELE1JR, EDWARD JOHN JOHNSTON, AND JOHN EDWARD TARLEÂTON, PETITIONERS. Landlord and tenant—Land Purchase Acts—Superior interests—indemnity Indemnifying lands sold under Land Purchase Acts. Portion of lands held under a fee-farm grant were sold in the Landed Estates Court, subject to the entire rent, but bound to indemnify the remainder of the lands therefrom. These indemnifying lands were subÂsequently being sold to the tenants : Held, that the entire of the rent should be redeemed, and not, as the owner of the rent contended, an apportioned part thereof only, as an apportionment would necessitate the retention for ever of an adequate part of the purchase money as an indemnity. APPLICATION OD behalf of the petitioners for an order directing the redemption of the fee-farm rent of £47 14s. 5d. reserved by an indenture of fee-farm grant dated the 20th June, 1856. The lands out of which this fee-farm rent issued were sold in the Landed Estates Court in 1865 in three lots, all of which were sold subject to the fee-farm rent, but one lot was sold primarily liable to same, and bound to indemnify the remaining two lots. This lot comprised the estate herein, which had been sold to the tenants through the medium of the Irish Land Commission, and it became necessary to redem the fee-farm rent. The owner of the fee-farm rent required it to be apportioned and redeemed. Leech, for the petitioners : The entire rent should be redeemed : if the apportionment claimed by the owner of the fee-farm rent were made, and the apÂportioned part put upon the land herein redeemed, the liability to indemnify the remainder of the lands would not be got rid of ; for it would be necessary to retain here a sum sufficient to satisfy the indemnity which the ownor of the other lands would be entitled to, on his having to pay the apportioned part. In re Ross, J. Gabbett's Estate (1) is distinguishable ; there the annuity was 1901. only a life annuity : here the rent is...