The Estate of William H. C. Field and Another, Owners; Thomas Lecky and Another, Petitioners

• Jurisdiction: Ireland
• Judgment Date: 04 July 1877
• Date: 04 July 1877
• Court: Incumbered Estates Court (Ireland)

L. E. Court.

IN THE MATTER OF THE ESTATE OF WILLIAM H. C. FIELD AND ANOTHER,

OWNERS;

THOMAS LECKY AND ANOTHER,

PETITIONERS.

Eyre v. Lynch 3 Ir. Eq. R. 194.

Barnett v. Heron 8 Ir. C. L. R. App. xix.

Hone v. O'Flahertie 9 Ir. Ch. R. 497.

In re Flood's Estate 17 Ir. Ch. R. 127.

In re Lawler's Estate Ir. R. 1 Eq. 268.

Harris v. O'Loghlen Ir. R. 5 Eq. 514.

M'Craith v. Quin Ir. R. 7 Eq. 324.

In re Flood's Estate 17 Ir. Ch. R. 127, 130.

In re Lawler's Estate Ir. R. 1 Eq. 268, 271.

Barnett v. Heron 8 Ir. C. L.R. App. xix.

M'Craith v. Quin Ir. R. 7 Eq. 324, 328.

Eyre v. Lynch 3 Ir. Eq. R. 194.

Statutory mortgage — Registration of judgment exclusive of costs — Subsequent registration of same judgment in clusive of costs — Waiver of costs "for the purpose of registration."

IN THE MATTER OF THE ESTATE OF WIT,TJAM H. C. FIELD' AND ANOTHER, OWNERS ; THOMAS LECK Y AND ANOTHER, PETITIONERS. Statutory mortgage-Registration of judgment exclusive V costs-Subsequent registration of same judgment inclusive of costs-Waiver of costs "for the purpose of registration." A judgment creditor registered as a mortgage against certain lands of the debtor a judgment, obtained (as he stated in his affidavit to register) " for the-sum of £288 14s. 4d. debt, besides costs, which costs are now waived by depoÂÂÂÂnent for the purpose of this registration ;" subsequently he registered as a mortgage against the same lands the same judgment, obtained (as he stated_ in his subsequent affidavit to register) " for the sum of £288 14s. 4d. debt, besides £57 15s. 6d. costs" : upon objection by a puisne incumbrancer :- Held, that the first registration was valid, and the second invalid. Semble, there cannot be two -valid registrations of the same judgment against the same lands. ON the final schedule of incumbrances there appeared, as No. 12, " a judgment obtained on the 15th of May, 1872, by William M'Dougall (since deceased) against William H. C. Field. [the Owner], for £288 14s. 4d., in the Court of Exchequer, and duly registered as a mortgage on the 18th of May, 1872 "; and again, as No. 14, " a judgment obtained on the 15th of May, 1872, by William M'Dougall (since deceased) against William H. C. Field [the Owner] in the Court of -Exchequer, for £288 14s. 4d.,. and £57 15s. 6d. costs, and duly registered as a mortgage on the 22nd of November, 1872." On the 21st of June, 1877, an objection was filed on behalf of one William H. Jackson, as owner of incumbrances numbered 19,. 20, and 21 on the final schedule, objecting to incumbranee No. 14 having priority to his incumbrances, and alleging that the incumÂÂÂÂbrance No. 14 was not a valid judgment mortgage, because the judgment upon which it was founded had been...