The Estate of Joseph Williams Madden, Owner and Petitioner; The Estate of John Arthur MacOnchy, Alexander K. M'Entire, and John J. Kenny, Assignees of Joseph Williams Madden, A Bankrupt, Deceased, Owners; Thomas O'Hara and Others, Petitioners

• Jurisdiction: Ireland
• Judge: Ross, J.
• Judgment Date: 21 January 1907
• Court: Court of Appeal (Ireland)
• Date: 21 January 1907

In the Matter of the Estate of Joseph Williams Madden, Owner and Petitioner;

And in the Matter of the Estate of John Arthur Maconchy, Alexander K. M'Entire, and John J. Kenny, Assignees of Joseph Williams Madden, A Bank-Rupt, Deceased, Owners;

Thomas O'Hara and Others, Petitioners.

Ross, J.

Appeal.

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.

1907.

Irish Land Act, 1903, section 7 — Offer by Land Commission to purchase — Refusal by Land Judge — Subsequent proceedings to sell by auction — Lots — Practice.

Held, by the Court of Appeal, reversing the order of Ross, J., that, in order to satisfy the test contemplated by the section, the subject-matter of the sale by public auction must be the same as that comprised in the offer made to the Land Judge, and that the lands cannot, accordingly, be put up for sale in lots.

Application for directions.

The Land Judge having, at the request of the Land Commission, furnished the Commission with particulars of the estate for sale in this matter, the Estates Commissioners made an offer, dated 18th July, 1906, to purchase, for the sum of £14,596, the whole estate, in fee-simple, discharged from the claims of all persons interested in the estate, whether in respect of superior or intervening interests, or incumbrances, or otherwise, in accordance with the provisions of section 7 of the Irish Land Act, 1903. On 12th November, 1906, the Land Judge made an order declaring the offer to be insufficient, and refusing to accept same, and directing the solicitor having carriage of the sale to proceed to bring the estate to a sale by public auction in accordance with the provisions of section 7 of the Irish Land Act, 1903.

Two rentals had been settled in the matter: one of agricultural lands held in fee-simple, which were in the occupation of agricultural tenants, and the other of leasehold property, consisting of houses and premises in the town of Ballycastle, and townparks or grazing lands adjoining. As there did not appear to be any probability of any purchaser at an auction bidding for the entire estate, the petitioner having carriage brought the present motion for liberty to offer for sale by public auction, pursuant to the provisions of section 7 of the Irish Land Act, 1903, the lands and premises in the rentals for sale in the matter, in such lots as the Court should direct, or for such directions as the Court should give.

Ronan, K.C., A. C. Meredith, K.C., and De Renzy, for the Land Commission:—

The Legislature intended that the property should be put up as a whole, in order that there should be a comparison between what the public would give and what the Estates Commissioners had offered.

Donaldson, for the petitioner having carriage:—

A sale in lots will...