The Estate of Henry Lambe, Owner; ex parte Patrick Rogers, Petitioner

• Jurisdiction: Ireland
• Judgment Date: 13 July 1867
• Date: 13 July 1867
• Court: Incumbered Estates Court (Ireland)

L. E. Court.

IN THE MATTER OF THE ESTATE OF HENRY LAMBE,

OWNER;

EX PARTE PATRICK ROGERS

PETITIONER.

In re Kennedyƒ€™s Estate 17 Ir. Ch. R. 104.

Kennedy v. Blackburne 11 Ir. Jur. N. S. 388.

Fluester v. Mƒ€™ClellandENR 8 C. B. N. S. 357.

In re Craig Druryƒ€™s Rep., temp. Napier, 394.

Since the report of this case was sent to Press, the decision of DOBBS, J., was varied on appeal. — REP.

— Arrangement Clauses&Petition by Creditor for Sale of Arranging Debtorƒ€™s Estate in the Landed Estates Court.

L. B. Court. IN THE MATTER OF THE ESTATE OF HENRY LAMBE, OWNER ; 1867. Ex PARTE PATRICK ROGERS, PETITIONER. July 13. Irish Bankrupt and insolvent Act, 1857-Arrangement Clauses-Petition by Creditor for Sale of Arranging Debtor's Estate in the Landed Estates Court. A recovered three judgments against B, dated, respectively, the 28th of November, 1866, the 28th of November, 1866, and the 8th of January, 1867, and respectively registered as mortgages against B's estate on the 1st of DecemÂÂber, 1866, the 1st of December, 1866, and the 9th of January, 1867. The last of these judgments was obtained upon foot of a bill of exchange accepted by B on the 3rd of August, 1866, and payable in four months. On the 15th of November, 1866, B obtained an order from the Court of Bankruptcy, under the arrangement clauses, protecting his person and property from process until the 7th of December, or further order, of which order A had notice. On the 11th of January B's proposal was confirmed by the Court. Subsequently, A preÂÂsented a petition in the Lauded Estates Court for the sale of B's estate. Upon motion to make absolute the order for sale, Held, that, as regarded the first two judgments obtained by A, he was not entitled to have the order made absolute (following In re Kennedy's Estate, 17 Ir. Ch. R. 104). Held, also, that on the 15th of November A was a creditor of B in respect of the bill of exchange, upon foot of which he obtained the judgment in JanuÂÂary; and that, as regarded such judgment, the Court ought not to make the order for sale absolute. Tins was a motion to make absolute the conditional order made on the 30th of May, 1867, for the sale of a leasehold interest in preÂÂmises in Capel-street. The Petitioner had obtained three judgÂÂments against the owner, dated, respectively, November 28th, 1866, November 28th, 1866, and January 8th, 1867, for the sums of £134 lls. 6d...