Vincent v Going

• Jurisdiction: Ireland
• Judgment Date: 07 November 1844
• Date: 07 November 1844
• Court: Court of Chancery (Ireland)

Chancery.

VINCENT

and

GOING.

Sterndale v. HankinsonENR 1 Sim. 393.

Woodburne v. Harrington 4 Law Rec. N. S. 190.

Crofts v. Poe 1 Jones, 540.

CASES IN EQUITY. 463 1844. Chancery. VINCENT v. GOING. EY the marriage settlement of Thomas Going, the father of the defendant Robert Going, bearing date the 28th of March 1795, cerÂÂtain estates were limited to the use of Thomas Going for life ; with remainder (subject to a jointure for his widow and a charge for younger children) to the first and other sons of the marriage in tail. The defendant Robert Going was the first son of this marriage, and in 1818 was entitled to the remainder in tail under this settlement. Thomas Going died in February 1841, and the defendant became tenant in tail in possession, and barred the entail. In Hilary Term 1818, Elizabeth Carroll obtained a judgment against the defendant Robert Going, for the penal sum of 2000, to secure 1000 with interest. This judgment afterwards became vested in Thomas Ball, in trust for certain minors, and he revived it in Hilary Term 1823 ; and on his death it had become vested in his executors, who had again revived it in 1843. Thomas Going had been a banker. After he had become tenant for life, he had paid off a judgment of 1764, against a previous owner of the estates in fee, which being prior to the settlement of 1795 bound the entire inheritance ; and this judgment having thus become his personal estate was assigned to Simpson Hackett. In 1815 Thomas Going stopped payment. Proceedings were taken under the Bankers' Act, for the payment of Thomas Going's creditors ; and Hackett having been declared a trustee of this judgment for Thomas Going, a bill was filed in 1839 by the plaintiff', who was one of Thomas Going's creditors, to have the amount of it raised. A receiver had been appointed over the lands during these proceedings. The plaintiff having been paid only a part of his demand in the foreÂÂgoing suit against Thomas Going and his trustees, and having a collateral security by judgment of 1819 against Robert Going, filed the present bill to raise the remainder of his demand. A decree to account having been pronounced in the cause, the executors of Ball filed a charge in the office on foot of the foregoing judgment of Hilary Term 1818, claiming an arrear of interest since May 1833, after allowing credit for all payÂÂments. The Master reported as due to them the principal sum thereby secured, and an arrear of interest since the 24th of August 1836, being six years previous to the filing of the bill in this cause. To this report they excepted, insisting that they "were entitled to the interest which accrued due on the principal sum thereby secured since...