The Estate of the Life Association of Scotland

• Jurisdiction: Ireland
• Judge: Ross, J.
• Judgment Date: 10 December 1912
• Court: Chancery Division (Ireland)
• Date: 10 December 1912

In the Matter of the Estate of the Life Association of Scotland.

Ross, J.

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.

1913.

Land Purchase Acts — Irish Land Act, 1903 (3 Edw. 7, c. 37), sect. 48 (4) — Insolvent estate — Absolute order for sale — Bonus — Mortgagee in possession during pendency of petition — Statutes of Limitation.

Held, that time would not run in favour of the mortgagees until the date of the dismissal of the petition for sale, and that, the estate for sale being the insolvent estate of B, no bonus was payable.

Question arising on allocation.

By a mortgage dated 13th July, 1880, made between B. M. Bloomfield of the first part, J. C. Bloomfield of the second part, and the vendors of the third part, the lands sold in this matter were with others granted to the vendors, their successors and assigns, to secure a sum of £24,500 with interest thereon at the rate of 5½ per cent., and by an indenture of even date therewith, made between the same parties of the first and second parts, and A. B. O'Conor of the third part, the latter was appointed receiver to receive the rents and profits of the lands and pay the interest on the mortgage to the vendors.

The interest on the said mortgage having fallen into arrear, the vendors, on 26th April, 1881, presented a petition for sale of the lands in the Land Judge's Court, in a matter entitled “Estate of Benjamin M. Bloomfield, owner, Ex parte, The Life Association of Scotland, petitioners”; and an absolute order for sale was made in the said matter on 24th August, 1881.

On 17th November, 1881, Benjamin M. Bloomfield also presented a petition for the sale of the said hereditaments, and an absolute order for sale was made therein, and it was arranged that no further steps should be taken on the first-mentioned petition, and that the carriage of the second matter should be given to the vendors; and, accordingly, the proceedings in the first matter were abandoned, and the said petition was dismissed on 18th August, 1912.

By an order made in the second matter, dated 27th November, 1882, it was ordered that a receiver should be appointed over the lands ordered to be sold in that matter; and by a subsequent order Charles Murray Alexander was appointed receiver over the same.

By an order dated 11th June, 1894, made in the second matter, the said receiver was discharged pursuant to an...