Trye v The Earl of Aldborough. Harrison, … Petitioner; The Earl of Aldborough Respondent

• Jurisdiction: Ireland
• Judgment Date: 19 July 1851
• Date: 19 July 1851
• Court: High Court of Chancery (Ireland)

Chancery.

TRYE

and

THE EARL OF ALDBOROUGH.

HARRISON, …

Petitioner;

THE EARL OF ALDBOROUGH

Respondent.

Bishop of Winchester v. Paine 11 Ves. 194.

Massey v. BatwellUNK 4 Dr. & War. 58; S. C. 5 Ir. Eq. Rep. 382.

Rutledge v. RutledgeUNK 8 Ir. Eq. Rep. 84.

Lynch v. nolanUNK 10 Ir. Eq. Rep. 57.

Drew v. The Earl of NorburyENRUNK 3 Jo. & Lat. 261; S. C. 9 Ir. Eq. Rep. 171, 524.

Gaskell v. Durdin 2 Ball & Beatty, 169.

Lynch v. NolanUNK 10 Ir. Eq. Rep. 57.

Massey v. BatwellUNK 4 Dru. & War. 58; S. C. 5 Ir. Eq. Rep. 382.

Leake v. LeakeUNK 5 Ir. Eq. Rep. 361.

The Bishop of Winchester v. Paine 11 Ves. 194.

The Bishop of Winchester v. Beavor 3 Ves. 314.

L'Estrange v. Robinson 1 Hog. 202.

666 CHANCERY REPORTS. 1851. Chancery. TRYE v. THE EARL OF ALDBOROUGH. HARRISON, . Petitioner ; THE EARL OF ALDBOROUGH, . Respondent. July 19. A suit for THE late Earl of Aldborough, on the 2nd of March 1833, by inden foreclosure and sale having ture of that date granted by way of mortgage certain estates to John been instituted in 1833, a Harvey 011ney for the sum of £10,000. The latter in the same judgment was in 1835 re- year filed a bill praying a foreclosure and sale in respect of those c against the estates ; on his death, Trye the present plaintiff in the cause revived owner of the it, and obtained on the 2nd of April 1838 a decree to account, and equity of re demption in upon the 26th of April 1842 a final decree for a sale of all the the lands pre viously to any mortgaged premises. Thomas Harrison the petitioner in the peti decree in the cause. In tion matter, and who never at any time was a party to the cause, 1838 a decree to account was obtained in Easter Term 1835 a judgment against the late Earl of pronounced in the cause, and Aldborough, and presented a petition for a receiver at the Equity in 1842 a final decree for a side of the Court of Exchequer. By orders there pronounced, and sale of all the mortgaged respectively dated the 27th of April and 25th of May 1844, a estate was receiver was appointed in the petition matter over a portion of the wades In 1844 the judg- mortgaged premises. The late Earl died on the 4th of October 1849, ment creditor, who had not and the estates devolved upon the present Earl. On behalf of the at any time been a party plaintiff in the cause of Trye v. Earl of Aldborough, a motion was to the cause, obtained on made at the Rolls for liberty to extend to the cause the receiver petition a re ceiver on foot appointed in the petition matter, but was refused by his Honour the of his judg ment over a Master of the Rolls. It now was moved by way of appeal before part of the mortgaged the LORD CHANCELLOR. estates. Held, in reversal of the decision at Mr. Greene and Mr. Leslie, for the motion, relied upon The the Rolls, that the plaintiff in the cause was entitled on motion to have the receiver appointed in the petition...