Timothy Murphy, in Replevin, v John Leader, M. D

• Jurisdiction: Ireland
• Judgment Date: 24 November 1841
• Date: 24 November 1841
• Court: Queen's Bench Division (Ireland)

Queen's Bench.

TIMOTHY MURPHY, in Replevin,

and

JOHN LEADER, M. D.

Pierce v. HopperENR 1 Str. 253.

Rex v. FaradayENR 1 B. & Ad. 275, 281.

Eyston v. Studd Plow. 467.

Isherwood v. Oldknow 3 M. & Sel. 382.

Rogers v. HumphreysENR 4 Ad. & E. 299.

Lampet$s case 10 Co. 47.

Brandling v. BarringtonENR 6 B. & C. 475.

Warburton v. lvie 1 Jones, 313

Fury v. Smith 1 Hud. & B. 735, 756.

Earl of Derby v. TaylorENR 1 East, 502.

Maunsell v. Russell 2 Ir. Law Rep. 205, note.

Mayor of Carlisle v. BlamireENR 8 East, 487.

Crusoe v. Bugby 3 Wils. 234.

Wilson v. KnubleyENR 7 East, 128.

Bushell v. Bushell 1 Sch. & Lef. 102.

Brandling v. BarringtonENR 6 B. & C.475.

Dickson v. SmithENR 1 Swans. 457.

Mayor of Carlisle v.ENR 8 East, 487.

Earl of Derby v. TaylorENR 1 East, 502.

Wilson v. KnubleyENR 7 East, 128.

Harcourt v. Pole Ander. 273.

Gore v. RoperENR Sir T. Jones, 27, 35.

Whitlock caseUNK 8 Rep. 71.

Hotley v. Scott Lofft's R. 316

Isherwood v. Oldknow 3 M & Sel. 382.

Rogers v. HumphreysENR 4 Ad. & E. 299.

CASES AT LAW. r39' • 1841. Queen'sBench. TIMOTHY MURPHY, in Replevin, v. JOHN LEADER, M.D. (Queen's Bench.) Mich. Term. Nov. 22, 24. RartElmr.,-This was an action of replevin for the taking of two cows, A.being seized two heifers and four sheep of the plaintiff, tried before Serjeant Greene of certain lands for lives renew- at the last Assizes for the county of Cork.-The taking was stated to have able for ever lease a under been on the 24th of October 1840 on the lands of Glonnalougha, in the of 1796, con- county of Cork. The defendant pleaded several avowries for rent in vey ed all his in terest in these arrear, due to him as landlord of the locus in quo, by the plaintiff, under lands to B. a demise theretofore executed. The plaintiff in replevin pleaded non in considera tion of a certain tenuit to each avowry. No question arose upon the pleadings. The annuity, by a issues being-on the defendant, heing produced and proved a lease of the 1st deed bearing date the 19th of January 1796 from Denis M'Carthy and wife to John Leader the August 1836; in 1839 B. died elder, for three lives renewable for ever, two of whom are in being, of leaving A. surÂÂthe lands of Glonnalougha, otherwise Lakeville. He then produced and viving him, having previ proved a lease from the said John Leader the elder, dated the 15th of ously made his will, whereby September 1827, to Timothy Mulcahy and Owen Linane of the locus in he devised and quo, being part of the above lands in respect of which the rent claimed bequeathed the lands of Glon fell due. He then proved the deaths of Linane and Mulcahy, and that nalougha, part of said lands, to Timothy Murphy married Linane's widow, and was in possession nine C. and D. for years. He then proved payment of rent by Timothy Murphy under a term of 500 , years to that lease to John Leader the elder. He then produced John Edward use of B the B. for Herrick, Esq., who proved that he was a subscribing witness to a deed, life with re mainders over, bearing date the 19th of August 1836, by which John Leader the elder and appointed purported to convey to his son John Leader the younger all the lands - C. and D. exe cutors of his comprised in the lease of 1796, in consideration of an annuity of 58 will : after the death of B., C. a-year for the life of old John Leader, which annuity was expressly executed a me- charged on the lands. An objection was taken to the stamp upon this morial of the deed of 1836, deed, but it was not relied on in argument. The witness then proved and had it re- that John Leader the younger died on the 16th day of December 1839, gistered upon 17th February before his father ; that old Mr. Leader had a daughter Abina, who is 1840; in May 84. con married to Mr. Edward Murphy ; she is the heiress-at-law both of father 1 veye0 d A. these- and son. That young Leader made a will. Witness directed the memorial lands, amongst others, to the of the deed of 1836 to be prepared after the death of young Leader use of other persons in de rogation of the conveyance made to B., and this deed was registered upon the 14th of May 1840; Held, upon a conflict of priorities between these two deeds that C. was entitled, within the meaning of the Registry Acts (6 Anne c. 2, and 8 G 1, c. 15) to register this deed, both in his character of executor to B. and also in his character as assignee of B.-Held also, that the Registry Acts ought to receive an equitable construction.-Held also, that the rule of giving an equitable construction to acts of Parliament passed for the public benefit, in order to extend the remedy and suppress the mischief contemplated by the act, is a well established and subsisting rule, and is not affected by Brandling v. Barrington, 6 B.& C. 475. 140 CASES AT LAW. the grantee, and before the death of old Leader the grantor ; witness in fact might say that he prepared the memorial himself-and stated that the certificate on the back of the deed is the usual certificate put on registered deeds. The defendant then gave in evidence the probate of the will of young John Leader and a consent in the cause, to admit the probate granted by the Court of Prerogative, without producing the original, will and also to admit an attested copy of the memorial of the deed of 1836, which was then given in evidence and was signed by John Leader the defendant, and the registry of which was perfected upon the 17th of February 1840. The will of John Leader the younger appeared to bear date the 24th of May...