The Estate of A. K. M'Entire and John H. MacOnchy, Official Assignees of John Coloe, A Bankrupt; Exparte Matthew P. Darcy, Petitioner

• Jurisdiction: Ireland
• Judgment Date: 28 January 1890
• Date: 28 January 1890
• Court: Chancery Division (Ireland)

Chancery Division.

Monroe, J.

IN THE MATTER OF THE ESTATE OF A. K. M'ENTIRE AND JOHN H. MACONCHY, OFFICIAL ASSIGNEES OF JOHN COLOE, A BANKRUPT;

EXPARTE MATTHEW P. DARCY, PETITIONER.

Buswell's EstateUNK 5 L. R. Ir. 349.

86 LAW REPORTS (IRELAND). [L. R. I. Monroe, J. Mr. Burke, who has carriage, will be entitled to his costs, as 1890. costs in the matter. In re The costs of the petitioner in the administration suit, incurred Rocazs' ESTATE. on this motion to transfer, I leave to be dealt with by the Vice-Chancellor. Solicitor for Bernard Rorke : Mr. Jeremiah Perry. Solicitor for Mr. Burke : Mr. T. V. Ryan. IN THE MATTER OF THE ESTATE OF A. K. M'ENTIRE AND JOHN H. MACONCHY, OFFICIAL ASSIGNEES OF JOHN COLOE, A BANKRUPT; Ex PARTE MATTHEW P. DARCY, PETITIONER. Conditional order for sale-Sale out of Court by second incumbrancer-Peti tioner dominus litis until absolute order for sale. Until a conditional order for sale has been made absolute the petitioner is dominus litis, and. cannot be compelled to make absolute the conditional order, although another incumbrancer is about to sell the estate out of Court under a power of sale in his mortgage. APPLICATION on behalf of Adam Scott, third incumbrancer in this matter, for an order that the solicitor having carriage of the proceedings and the National Bank (the first incumbrancers) should be restrained from attempting to sell the estate without the concurrence of said Adam Scott, or otherwise save according to the due course of the Court, and that the solicitor having carriage should forthwith proceed to prosecute the proceedings in the matter. The conditional order was granted on the 10th October, 1889, for the sale of licensed premises in Dublin. The National Bank were the first mortgagees for 11764 ; Messrs. Darcy & Son were the second incumbraneers for 540, and Messrs. Adam Scott & Co. the third for 1800. There was a considerable difference of opinion, and a voluminous correspondence between the incum VOL. XXV.] CHANCERY DIVISION. 87 J. brancers as to the course to be pursued ; meanwhile, the premises Monroe, were unoccupied, and with difficulty a renewal of the license was 1890. In re obtained from the Recorder on the 12th January, 1890. Two COLOE'S years' head-rent became due, and eviction was threatened. The ESTATE. Bank asked the petitioner not to proceed in Court, and authorized the solicitor having carriage to sell out of Court, under a power of sale in their mortgage. The petitioner agreed to this...