The Estate of The Ulster Banking Company, Owners; John Jackson and Nathaniel Moore Montgomery, Petitioners

• Jurisdiction: Ireland
• Judgment Date: 01 May 1869
• Date: 01 May 1869
• Court: Incumbered Estates Court (Ireland)

L. E. Court.

IN THE MATTER OF THE ESTATE OF THE ULSTER BANKING COMPANY,

OWNERS;

JOHN JACKSON AND NATHANIEL MOORE MONTGOMERY,

PETITIONERS.

M'Dowell v. WheatlyUNK 7 Ir. C. L. R. 562.

Davies v. Kennedy I. R. 3 Eq. 31.

In re Ryan 3 Ir. Ch. R. 33.

In re Edgeworth's Estate 6 Ir. Jur. N. S. 11.

Crosbie v. MurphyUNK 8 Ir. C. L. R. 301.

Thorp v. BrowneELR Law Rep. 2 H. L. 220.

In re Doughty's Estate I R. 2 Eq. 235.

Affidavit to register Judgment Mortgage — "Title" of Plaintiffs — Omission of "Parish" in which Premises are situated — 13 & 14 Vict. c. 29.

264 THE IRISH REPORTS. R. L. B. Court. IN THE MATTER OF THE ESTATE OF THE ULSTER BANKING 1869. COMPANY, OWNERS ; JOHN JACKSON AND NATHA April 22. NIEL MOORE MONTGOMERY, PETITIONERS. May 1. Affidavit to register Judgment Mortgage-." Title" of Plaintiffs-Omission of " Parish" in which Premises are situated-13 4- 14 Viet. c. 29. An affidavit made to register a judgment as a mortgage stated that T. M., of, &c., Esq., one of the executors of A. A., late of, &c., deceased, which said T. M., this deponent, is one of the Plaintiffs in this cause, maketh oath, and saith that deponent and J. J., A. W., and N. H. M., all as executors of A. A., aforesaid, deceased, by the names and descriptions of T. H., &c., executors of A. A., &e., did, &c., obtain a judgment, &c. Held, that this was a sufficient description of the Plaintiffs. The affidavit stated a portion of the premises against which the judgment was registered to be " in the main street of Omagh, in the barony of Omagh, and county of Tyrone," but did not state the parish. Held, that the description of the premises was sufficient. THIS case came on upon the argument of cause shown against making absolute the conditional order for sale. It was contended, amongst other things, that the Petitioner's incumbrance was inÂÂÂsufficiently registered as a judgment-mortgage. The following is a copy of the affidavit registering the judgÂÂÂment as a mortgage :- " IN THE COURT OF QUEEN'S BENCH. "Thomas Montgomery, of Mulnahern ; John Jackson, of Lis-lane; Andrew Wright, of Moylough, all in the county of Tyrone ; and Nathaniel Moore Montgomery, late of Omagh, but now of MelÂÂÂbourne, in Australia, executors of Adam Armstrong, late of Grange, near the town of Ballygawley, in county of Tyrone, deceased, " Plaints; " John Donnelly, of Omagh, in the county of Tyrone, merchant, " Defendant. " And the Act of the 13 & 14 Yid. c. 29. " Thomas Montgomery, of Mulnahern, otherwise of EverÂÂÂgreen Cottage, Aughnacloy, in the county of Tyrone, Esq., one VOL. III.] EQUITY SERIES. 265 of the executors of...