The Estate of John Harrison, Owner; ex parte Pardo Archibald Kirk, Petitioner

• Jurisdiction: Ireland
• Court: Chancery Division (Ireland)
• Judge: Ross, J.
• Judgment Date: 10 July 1899
• Date: 10 July 1899

Chancery Division

Ross, J.

IN THE MATTER OF THE ESTATE OF JOHN HARRISON,

OWNER;

EX PARTE PARDO ARCHIBALD KIRK,

PETITIONER.

Allen, Lessor; Grogan, LesseeUNK 32 L. R. Ir. 179.

Boyle, Tenant; Foster, LandlordUNK 30 L. R. Ir. 623.

Butterly, Tenant; Carroll, LandlordUNK 26 L. R. Ir. 93.

Crookshank v. LawDLTR 27 I. L. T. R. 2.

In re Owen's Trustees' EstateIR [1897] 1 I. R. 186, 265.

Leonard v. St. Leger Barry Mac Devitt's R. 240.

Macartney, Grantor; Gordon, GranteeIR [1897] 2. I. R. 1.

Nelson, Tenant; Headford, LandlordUNK 18 L. R. Ir. 407.

Perry, Tenant; Farley, LandlordIR [1894] 2 I. R. 579.

Pratt, Tenant; Viscount Gormanstown, LandlordIR [1894] 2 I. R. 279, 557.

Price v. RobbUNK 17 Ir. L. T. 438.

Wall, Tenant; Eyre, LandlordUNK 32 L. R. Ir. 475.

Landlord and tenant — Land Purchase Acts —— Court tenant — Agricultural or pastoral holding — Portion of mansion house and demesne.

VOL. I.] CHANCERY DIVISION. 139- the £500 is to be expended. The covenant merely declares that v.-C. corrugated iron sheds shall be deemed to be permanent improve- . 1899 ments. HALL to SUTTON'. Conner, Q. C., in reply. THIS VICE-CHANCELLOR affirmed the ruling of the Taxing Master. Solicitors for the lessee ; Exham Sons. Solicitors for the lessor : Conolly 8f Co. J. MAC M. IN THE MATTER OF THE ESTATE OF JOHN HARRISON, Ross, J. OWNER ; Ex PARTE PARDO ARCHIBALD KIRK, 1899. June 19. July 10. Landlord and tenant— Land Purchase Acts—Land Act, 1896, sect. 40—Court tenant—Agricultural or pastoral holding—Portion of mansion house and demesne. Portion of the mansion house, yard, and offices of Hollywood House, together with 190 acres, of which 40 acres were ornamental plantation, was held by a Court tenant: Held, that it was not an agricultural or pastoral holding, and so was outÂside sect. 40 of the Land Law Act, 1896. APPLICATION for a request to issue under section 40 of the Land Law (Ireland) Act, 1896 ; oral evidence was given by Mr. Watt, Captain Harrison, Mr. Clement Cordner, and Mr. Fox on behalf of the owner, Captain Harrison ; and by Mr. Grainger, the Court tenant, and. Alexander Huxley, on his behalf ; and their evidence, so far as is material, is fully stated in the judgment. Harrison, Q.C. (with him, Whitaker), for Captain Harrison : The question is whether the land forming portion of the Holly wood demesne is so clearly in its nature agricultural or pastoral, or 140 THE IRISH REPORTS. [1900. Ross, J. partly agricultural and partly pastoral, as to entitle the Court tenant 1899' to have an offer made to him under the 40th section. To exclude it In re S regard must be had to other circumstances than if a fair rent were HARRISON ESTATE. sought to be...