The Estate of William D'arcy Irvine, A Vendor of Land

• Jurisdiction: Ireland
• Judgment Date: 27 October 1902
• Date: 27 October 1902
• Court: Chancery Division (Ireland)

IN THE MATTER OF THE ESTATE OF WILLIAM D'ARCY IRVINE, A VENDOR OF LAND

Chancery Division

Landlord and tenant —— Sale of indemnifying lands — Objection by owner of indemnified lands.

Bolton's EstateIR [1898] 1 I. R. 401.

Connolly's EstateDLTR 34 I. L. T. R. 171.

In re Bolton's EstateIR [1898] 1 I. R. 401.

In re Colthurst's EstateUNK 20 L. R. Ir. at p. 470.

In re Owens' EstateIR [1900] 1 I. R. 151.

In re Pentland's Estate, Pentland's EstateUNK 22 L. R. Ir. 649.

Owens' EstateIR [1897] 1 I. R. at p. 239.

Owens' EstateIR [1900] 1 I. R. 151.

Thompson's EstateIR [1901] 1 I. R. 392.

VOL. I.] CHANCERY DIVISION went on testator's death to the person who shall be found to have been his heir-at-law. The costs should come out of the personal estate. Solicitors for the plaintiff : D. 8f T. Fitzgerald. Solicitors for the defendant : William Guest Lane 8f Co. J. MAC M. 41 V.- C. 1902. SKINNER V. GIIIIBLI,7VON. IN THE MATTER OF THE ESTATE OF WILLIAM D'ARCY Meredith, J IRVINE, A VENDOR OF LAND. 1902. May 2, 3. Landlord and tenant—Land Purchase Acts—Sale of indemnifying lands— Oct. 27. Objection by owner of indemnified lands. The lands of A were sold in the Landed Estates Court, with the liability of indemnifying the lands of B from a perpetual annuity affecting both. The indemnity was then sufficient. The owner of A proposed to sell to his tenants under the Land Purchase Acts, and the owners of portion of B objected on the ground that the interest on the purchase-money would not be sufficient to meet the annuity: Held, by Meredith, J., that the sales should be proceeded with. APPEAL from an order of Mr. Commissioner Lynch, dated the 18th February, 1902, refusing to stay the proceedings in this matter, under the circumstances stated below, and which appeal was grounded on the following questions of law :--(1) That the vendor had no such interest in the lands as would entitle him to carry out the sales ; (2) that the vendor was not entitled to sell the lands without (a) the concurrence of William Hurst and Edward Mitchell, the appellants, and the other owners of the indemnified lands, or (b) making provision for the redemption of the entire of the rentcharge ; and (3) that the vendors could not give a good title to the lands free from the rights subsisting in the several owners of the indemnified lands under the deeds creating the indemnities. A similar appeal was brought by Gerard A. Bird under similar circumstances. By a Landed Estates Court conveyance of the 30th July, 1873, Judge Flanagan granted to George Hurst the lands of Coolegrane and Currin, situate in the barony of Magerastephena 42 THE IRISH REPORTS. [1903. Meredith, J and county of Fermanagh, containing 322 acres, to hold for ever, 1902. subject to the tenancies referred to in the schedule, and also sub In re • ject, in conjunction with other lands (which were the lands in the 1BVINE S ESTATE. originating statement herein) therein described, containing 972 acres, to a perpetual rentcharge or annual sum of £500 late curÂrency per annum (equivalent to £461 108. 9d. sterling), created by an indenture dated the 14th October, 1826, and made between George Marcus D'Arcy Irvine of the first part, George Hassard of the second part, and John Irvine of the third part, and conÂfirmed by an indenture bearing date the 28th March, 1850, and made between the Rev. Henry Stewart of the first part, the Rev. Edward Hassard and John Hassard of the second part, and William D'Arcy and Edward D'Arcy of the third part ; but as to the lands thereby granted indemnified against the said rent-charge or annual sum, and all costs and expenses occasioned by the non-payment thereof, by the other lands which had been sold by the Court charged therewith in full exoneration of all other lands liable thereto. Since the date of the Landed Estates Court conveyance no claim on foot of the...