The Estate of Henry Owen Lewis and Arthur Francis Owen Lewis and James Moore and John W. Johnston, or Some or One of Them, Owners; ex parte Elizabeth Kirke, Wife of Walter Kirke, Petitioner

• Jurisdiction: Ireland
• Judgment Date: 21 April 1903
• Date: 21 April 1903
• Court: Chancery Division (Ireland)

IN THE MATTER OF THE ESTATE OF HENRY OWEN LEWIS AND ARTHUR FRANCIS OWEN LEWIS AND JAMES MOORE AND JOHN W. JOHNSTON, OR SOME OR ONE OF THEM, OWNERS; EX PARTE ELIZABETH KIRKE, WIFE OF WALTER KIRKE, PETITIONER.

Chancery Division

Mortgagor and mortgagee — Petition by incumbrancer — Amount of interest payable to incumbrancer — Statute of Limitations (3 & 4 Wm. 4, c. 27), s. 42.

Archdall v. AndersonUNK 25 L. R. Ir. 433.

Archdall v. AndersonUNK 25 L. R. Ir. at page 438.

In re Colclough's Estate 8 Ir. Ch. R. 330.

In re Lloyd; Lloyd v. LloydELR [1903] 1 Ch. 385.

In re Nixon's Estate I. R. 9 Eq. 7.

In re Stinson's EstateUNK 29 L. R. Ir. 490.

Lloyd v. LloydELR [1903] 1 Ch. 385.

348 THE IRISH REPORTS. [1903. Appeal. their appeal on the ground that they were " creditors" protected 1902. by the saving; and though Simpson v. Morley (1) was referred to In re by the Court during the argument, no contention founded upon BALDWIN' s ESTATE. the doctrine there enunciated was put forward. I am not to be taken as suggesting that there was any ground for it. I think the:appeal should be dismissed. HOLMES, L. J., concurred. Solicitor for the appellants : E. C. Jameson. Solicitors for the respondent : Thomas Exham 8f Sons. G. Y. D. .Ross, 1903. April 21. IN THE MATTER OF THE ESTATE OF HENRY 0 WEN LEWIS AND ARTHUR FRANCIS OWEN LEWIS AND JAMES MOORE AND JOHN W. JOHNSTON, OR SOME OR ONE OF THEM, OWNERS ; EX PARTE ELIZABETH KIRKE, WIFE OF WALTER KIRKE, PETITIONER. Mortgagor and mortgagee—Petition by incumbrancer—Amount of interest pay able to incumbrancer —Statute of Limitations (3 1' 4 Wm. 4, c. 27), 8. 42. In an incumbrancer's petition matter, an incumbrancer who avails himself of the proceedings is not entitled to receive interest on his incumbrance which has accrued more than six years next before the filing of the petition for sale, such interest being barred under sect. 42 of 3 & 4 Wm. 4, c. 27. Lloyd v. Lloyd ([1903] 1 Ch. 385) only applies to a proceeding in the nature of a redemption suit. ALLOCATION. Alfred E. Goodbody appeared at No. 6 on the Final Schedule of Incumbrances in respect of a judgment obtained in the Queen's Bench Division on the 15th of May, 1889, for the sum of £215 9s. 4d., which was registered as a judgment mortgage on the 22nd of April, 1893. This charge only affected an undivided moiety of premises in North King-street, Dublin, part of the lands (1) 2 K. & J. 71. for sale, in which Henry Owen Lewis took an absolute...