The Estate of Thomas William Grady, Owner; Ellen Hunt, Petitioner

• Jurisdiction: Ireland
• Judgment Date: 17 May 1862
• Date: 17 May 1862
• Court: Incumbered Estates Court (Ireland)

L. E. Court.

In the Matter of the Estate of THOMAS WILLIAM GRADY,

Owner;

ELLEN HUNT,

Petitioner.

Attorney-General v. WilkinsENR 17 Beav. 285.

Colyer v. FinchENR 19 Beav. 500.

Forth v. Duke of NorfolkUNK 4 Mad. 503.

Browne v. CavendishUNK 7 Ir. Eq. Rep. 369.

Burrell v. Lord EgremontENR 7 Beav. 205.

Kirkwood v. LloydUNK 12 Ir. Eq. Rep. 585.

Phillips v. Phillips 8 Jur., N. S., 145; S. C., 31 L. I. R. (Ch.) 321.

Ford v. WhiteENR 16 Beav. 120.

Creed v. Carey 7 Ir. Chan. Rep. 295.

Tunstall v. TrappesENR 3 Sim. 286.

Rice v. RiceENR 2 Drew. 73.

Colyer v. FinceENR 19 Beav. 500.

164 CHANCERY REPORTS. 1862. L. E. Coast. ' %NOW: esitattO Court. In the Matter of the Estate of THOMAS WILLIAM GRADY, Owner; ELLEN HUNT, Petitioner. May 15, 17. A, by his mar- Tna question in this case arose on a motion to show cause against riage settle ment, executed a conditional order for the sale of the lands of Stradbally, in the on the 10th of August 1787, county of Limerick, held under an equitable agreement for a lease covenanted with the trus- for lives renewable for ever. tees, within three years By indenture dated the 10th day of August 1787, and made after e mar- riage,th to pay between John Hunt of the first part, Bridget Henn widow, Richard to them, their Henn and Jane Henn spinster of the second part, and Augustine executors or administra- Fitzgerald and William Henn (trustees) of the third part (being tors, the sum of £2.500, the settlement executed previously to the marriage of the said which (with 500, the for- John Hunt and Jane Henn), in consideration of the marriage and tune of A's intended wife), of the sum of £500 late Irish currency (the fortune of the said they were to invest in the Jane Henn), paid by the said Bridget Henn and Richard Henn purchase of land, to be to the trustees, for the purposes therein mentioned, certain free held in trust for A for life, hold and leasehold lands were settled upon the trusts therein and, after his decease, for the mentioned ; and the said John Hunt did thereby, for himself, his children of the heirs, executors and assigns, covenant with the trustees, their marriage. By the settlement it was provided that, until such investment, the trustees should lay out these two sums on public or private security, and pay the interest to the persons entitled to the rents of the purchased lands. On the same day, A passed his bond to the trustees for the penal sum of £6000, and judgment was entered up against him by the trustees on the I 1 th of August 1787. On the 10th of November 1800, A became entitled to an equitable interest in the lands of Blackacre. Under the limitations contained in a deed for valuable consideration, dated the 14th of May 1812, this equitable interest became vested in B, without notice of the judgment. A died in the year 1845. 0, one of A's daughters, in 1862 presented a petition for the sale of the equitable interest in the lands of Blackacre, for payment of the judgment. No payment of principal or interest was ever made on foot of the judgment, nor was there any acknowledgment in writing, nor revivor, within twenty years before the filing of the petition.-Held, even supposing the two sums of £2500 and £500 were represented by the judgment, that B was entitled, as a purchaser for valuable consideration without notice, to hold the lands of Blackacre discharged from the judgment, and that, therefore, the petition must be dismissed with costs. Semble, that a judgment creditor claiming against an assignee for value, should aver notice, to give himself any equity. CHANCERY REPORTS. 153 heirs, executors and administrators, in manner following, that was. 1862. 4. R. Court, to say, that in case the said intended marriage should take effect, In re the said John Hunt, his heirs, executors or administrators, should onAny's and would, on or before the expiration of three years after the ESTATE, solemnization, pay or cause to be paid unto the said trustees, Statement. their executors or administrators, the full sum of £2500 late Irish currency, upon the trusts thereinafter declared concerning the same. And it was thereby declared and agreed that the aforeÂsaid sum of £500, paid as the marriage portion of the said Jane Henn, and the said sum of £2500 so covenanted to be paid to the trustees, their executors and administrators as aforesaid, was paid and was to be paid to them upon trust and to the intent...