The Estate of Patrick Crean Lynch, Owner and Petitioner

• Jurisdiction: Ireland
• Judgment Date: 29 June 1867
• Date: 29 June 1867
• Court: Incumbered Estates Court (Ireland)

L. E. Court.

IN THE MATTER OF THE ESTATE OF PATRICK CREAN LYNCH,

OWNER AND PETITIONER.

Lynch App., Cooke Resp. 11 Ir. Jur. N. S. 102.

Averall v. Wade L. & G. temp. Sugd. 252.

Aldrich v. Cooper 2 Wh. & Tud. L. Ca. 92.

In re Lawderƒ€™s Estate 11 Ir. Chan. Rep. 346.

Barnes v. Racster 1 Y. & Col. C. C. 401.

Kinderley v. JervisENR 22 Beav. 1.

Hales v. CoxENR 32 Beav. 118.

Right of Judgment Mortgage Creditor to marshal, as against subsequent Judgment Mortgage Creditor.

396 THE IRISH REPORTS. Rolls. I shall therefore declare that, on Elizabeth's death, her share 1867. passed to her surviving sister, Ellen for life. I will decide nothing BROWNE farther at present, but the decree will reserve liberty to all parties . to apply on her death. v Solicitors for the Petitioners : Messrs. Orpen. , Sons, and Sweeny. Solicitor for the Respondents : Mr. W. H. Peyton. L. E. Court. 1867. IN THE MATTER OF THE ESTATE OF PATRICK CREAK LYNCH, OWNER AND PETITIONER. June 12, 29. Right of Judgment Mortgage Creditor to marshal, as against subsequent JudgÂÂment Mortgage Creditor. There being first a mortgage by deed, affecting lands A and B ; secondly, a judgment mortgage, affecting the lands of A ; thirdly, a judgment mortgage, affecting both denominations ; and the lands of A having been appropriated to the payment of the prior mortgage ; Held, that the first judgment mortgage creditor had a right to marshal against the second. THE lands sold in this matter were subject to a mortgage to the Palladium Insurance Company, which affected the entire of them. Quealy and Mr. Lazarus were the owners of judgments subseÂÂquent in date to the mortgage to the Palladium Insurance Company, and in the year 1856 registered as mortgages against a portion only of the said lands. Mr. Nolan was the assignee of a judgment mortgage of Hilary Term, 1857, which affected the entire of the lands. The Palladium Insurance Company having taken away the entire of the produce of that portion of the lands affected by the judgment mortgages of Mr. Lazarus and Mr. Quealy, the question was, if the owners of those judgment mortgages had a right to marshal as against Mr. Nolan. Mr. Sherlock, Q. C., and Mr. Finch White, Q. C., for Messrs. Lazarus and Quealy. EQUITY SERIES. Mr. Blake, Q. C., and Ilk. Monahan, for Mr. Nolan. The following authorities were cited :-Lynch App., Cooke Rap. (1) ; Averall v. Wade (2) ; Notes to Aldrich v. Cooper (3) ; In re Lawder's Estate (4)...