Vignolles v Bowen

• Jurisdiction: Ireland
• Judgment Date: 19 November 1847
• Date: 19 November 1847
• Court: Rolls Court (Ireland)

Rolls.

VIGNOLLES

and

BOWEN.

Burnell v. BrownENR1 Jac. & W. 168.

flight v. BoothENR 1 Bing. N. C. 370.

Dykes v. BlakeENR 4 Bing. N. C. 463.

Seaman v. Vawdry 16 Ves. 390.

Waring v. Hoggart Ry. & M. 39.

Bessonet v. RobinsENR Sau. & Sc. 142.

Hall v. Smith 14 Ves. 426.

Martin v. CotterUNK 9 Ir. Eq. Rep. 351.

Spunner v. WalshUNK Since reported, 10 Ir. Eq. Rep. 386.

Herring v. Dean and Chapter of St. Paul's 2 Wils. Ch. R. 11.

Barrwud v. ArcherENR 2 Sim. 433.

Lysney v. selbyENR 2 Ld. Raym. 1118.

Daniel v. Davison 16 Ves. 249.

Flight v. Barton 3 M. & K. 282.

Pope v. Garland 4 Y. & Col. 394.

Cosser v. collinge 3 M. & K. 283.

Van v. Corpe 3 M. & K. 269.

Walter v. MaundeENR 1 Jac. & W. 181.

Barton v. Lord Downes Fl. & K. 505.

Commons v. Marshall 6 Br. C. C. 168.

Long v. Rankin 2 Sug. on Powers, App. 513.

Taylor v. Stibbert 2 Ves. jun. 437.

Hall v. Smith 14 ves. 426.

Pope v. Garland 4 Y. & Col. 394.

Appendix to Sugden on Powers 2 Sug. on Powers, App. 513.

194 CASES IN EQUITY. 1847. Rolls. Nov. 12, 18, VIGNOLLES v. BOWEN. 19. The rental of THE lands of Taghmor were sold under the decree in this cause. lands sold under a de- A subdenomination of the lands called Crookedwood, and num eree stated the date, tenure bered in the rental 23, 24 and 25, was described as held by Sir and rent of a tenant's lease, Richard Levinge, under a lease dated March 1820, for three lives but not a clause in it and thirty-one years, at a rent of 105. The usual order of reference giving the tenant power, as to the title having been made, the Master found the title good, under restric tions, to fell and the purchaser excepted to the report. and dispose of the timber, The ground of the first and second exceptions was, that Sir which was Richard Levinge had power by the said lease to fell and dispose very valuable. Held, that the of the timber and trees on the lands during the demise and a further purchaser having notice period of six years ; and that no mention was made in the rental, nor of the lease, was bound by was the purchaser in anywise informed of the fact, that the valuable constructive notice of the timber standing on the lands was also demised by the lease, with clause relating to the timber, a power to fell and remove the same, in pursuance of which Sir The rental R. Levinge was cutting down and removing the same, whereby the described lands as held security for the rent of 105, payable by him, would be lost, and a by lease for three lives and permanent injury done to the estate. thirty-one years, the The substance of the third and fourth exceptions was, that the lease being for three lives and rental described the lands of Crookedwood as held for three lives the survivor ; and in case and thirty-one years, whereas it appeared by the lease that they all the lives should die were held for three lives and the survivor of them ; and in case all before the expiration of the lives should die before the expiration of thirty-one years from thirty-one years, for so the 1st of November 1819, for so much of such term of thirty-one much of such years from that period as should be to come and unexpired up the term of thirty- on one years from decease of the survivor of the said three...