The Estate of Henry Thomas Arthur Shapland Boyse, Owner and Petitioner, and The Estate of Catherine Backas and Others, Owners of Land, Catherine Backas, Petitioner,

• Jurisdiction: Ireland
• Judge: Ross, J.
• Judgment Date: 13 June 1910
• Court: Chancery Division (Ireland)
• Date: 13 June 1910

In the Matter of the Estate of Henry Thomas Arthur Shapland Boyse, Owner and Petitioner, and in the Matter of the Estate of Catherine Backas and others, Owners of Land, Catherine Backas, 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.

1910.

Judgment mortgage — Registration — Failure to re-register every five years — Priority.

The failure to re-register judgments every five years in accordance with the provisions of the Judgment Mortgage Act, 1850, does not affect the priority of registered judgment creditors, inter se, but only as regards subsequent purchasers, mortgagees, and creditors.

Four judgments originally entered in the Court of Exchequer in the years 1755, 1757, and 1758, were registered in accordance with the provisions of the Judgment Mortgage Act, 1850. One of the judgments was re-registered every five years; but, as regards the other judgments, there were gaps of over five years in the re-registration.

Held, that the priority of the judgments, inter se, was not affected by the f ailure to re-register the judgments every five years.

Application by Catherine Backas that a sum of £216 should be paid to her out of the fund in Court on foot of a judgment for £2600 against the lands for sale in the matter, notwithstanding that the said judgment appeared only third in the original order of priority of the incumbrances on the lands.

By an order dated 18th April, 1910, the examiner was directed to ascertain and report as to the priority of the said judgment. The examiner reported as follows:—

1. Catherine Backas is entitled to a judgment for the sum of £2600, entered in the Court of Exchequer in the Easter Term, 1758; Humphrey Jones, plaintiff, George Jackson, defendant. The said judgment was duly re-docketed on 22nd November, 1831, and registered on 14th July, 1855, and has been re-registered pursuant to the statute on the following dates:—22nd March, 1860; 15th March, 1865; 15th March, 1870; 8th March, 1875; 2nd March, 1880; 28th February, 1885; 20th February, 1890; 18th February, 1895; 17th February, 1900; 17th February, 1905; and 5th June, 1908. The amount due on foot of said judgment is £1300. The arrears of interest due thereon to the said Catherine Backas up to the 25th March, 1910, is £216.

2. Henry T. A. S. Boyse is entitled to a judgment for the sum of £4000, entered in the Court of Exchequer in Easter Term, 1755; the Bishop of Waterford, plaintiff, George Jackson, defendant. The said judgment was duly re-docketed on 10th May, 1833, and registered on 23rd June, 1862, and re-registered on the following dates 4th July, 1867; 19th June, 1882; 12th February, 1889; 17th December, 1894; and 14th January, 1910.

3. Mrs. M. A. Ryland is entitled to a judgment for the sum of £3000 entered in the Court of Exchequer in Easter Term, 1755; Barker and...