The Local Registration of Title (Ireland) Act, 1891; and an Application by Patrick Hayden, an Owner of Land [The Chancery Division]

• Jurisdiction: Ireland
• Judge: Madden, J.
• Judgment Date: 22 June 1903
• Court: Chancery Division (Ireland)
• Date: 22 June 1903

In the Matter of the Local Registration of Title (Ireland) Act, 1891

and

And in the Matter of an Application by Patrick Hayden, an Owner of Land.

Madden, 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.

1904.

Local registration of title — Statute of Limitations — Acquisition of middle interest by sub-tenant.

Where the Statute of Limitations runs against a middleman, the occupying tenant, in whose favour the statute has run, acquires the middle interest, and is entitled to be registered as owner thereof, under the Local Registration of Title (Ireland) Act, 1891.

Application on behalf of Patrick Hayden, for an order declaring that all the lessee's interest under an indenture of lease, dated the 10th of July, 1817, and made between Henry Luttrell of the one part, and James Evans of the other part, whereby certain premises situate in Cornmarket, in the city of Dublin, were demised unto the lessee for a term of 999 years, was beneficially and absolutely vested in Patrick Hayden, and that he might be entered on the register as owner of such interest.

The facts, which were fully stated in the case for the opinion of the Judge, as approved by the registrar of titles, were:—

By an indenture of lease, dated the 10th of July, 1817, and made between Henry Luttrell of the one part, and James Evans of the other part, Henry Luttrell demised unto James Evans a dwelling messuage and tenement in Cornmarket, in the city of Dublin, to hold for the term of 999 years, subject to the yearly rent of £45 10s. late currency (equivalent to £42 present currency), with a covenant by the lessee to make certain expenditure therein mentioned. The lessee entered into possession and duly made the expenditure. He subsequently died intestate, leaving two daughters, one of whom, Mary, married Peter Whittaker; the other died intestate. Letters of administration to the estate of James Evans were granted to Mary Whittaker. By an indenture of lease, dated the 29th of July, 1846, and made between Mary Whittaker (administratrix of James Evans) and Peter Whittaker of the one part, and Richard Candler of the other part, Mary Whittaker, with the consent and approbation of Peter Whittaker, demised the premises to Richard Candler for twenty-one years, at the rent of £50 sterling. On the 29th of May, 1855, Richard Candler assigned the premises to John M'Gauran for the residue...