Waldron v Sutcliffe

• Jurisdiction: Ireland
• Judgment Date: 05 June 1890
• Docket Number: (1889 — H. No. 124.)
• Date: 05 June 1890
• Court: Court of Appeal (Ireland)

Appeal.

Before PALLES, C.B., and FITZ GIBBON and BARRY, L.JJ.

(1889 — H. No. 124.)

WALDRON

and

SUTOLIFFE

Wakefield v. SmytheUNK 16 Ir. C. L. R. 173, at p. 180.

Hillock v. CopeDLTR 9 Ir. L. T. R. 36.

In re Irish Land Commission, Ex parte JohnstonUNK 14 L. R. Ir. 80.

Hemphill v. FrazerUNK 10 L. R. Ir. 87.

— Sale of tenancy — Execution creditor — Purchase-money — Arrears of rent.

444 LAW REPORTS (IRELAND). [L. R. I. Ex. Div. questions]. 'There was ample evidence to support the findings 1890. of the jury, who answered all in the affirmative. BELL V. GT. NORTHN. Solicitor for the appellant : RAILWAY CO. Solicitors for the defendants : Crawford 8), Lockhart. WALDRON v. SUTCLIFFE (I). (1889-H. No. 124.) Land Law (Ireland) Act, 1881, sect. 1-Sale of tenancy-Execution creditor -Purchase-money-Arrears of rent. Where a tenant's interest in his holding is sold under section 1 of the Land Law (Ireland) Act, 1881, in pursuance of a writ of fieri facias, the landlord is entitled to be paid, out of the proceeds of the sale, all arrears of rent due to him in priority to the demand of the execution creditor. APPEAL, by the plaintiff, from the judgment of the Queen's Bench Division, dated the 22nd April, 1890, declaring that the return to a writ of fieri facia& should be amended as proposed by the sheriff. The case came before the Court by way of a motion on behalf of the sheriff of the Queen's County for liberty to amend a return to a writ of fieri facias, and cross motion on the part of the plainÂtiff that the amount levied should be paid over to him, less the sheriff's poundage fees, costs, and expenses. The return in the proposed amended form was as follows :- " By virtue of the writ to me directed I have caused. to be made of the goods and chattels of the within-named John Sutcliffe, to wit, of his chattel interest in certain agricultural lands held by him as yearly tenant to Lord de Vesci, to the value of £7515s. 2d., and I further certify that I have paid thereout to said Lord de Vesci, the landlord of the said lands the tenant's interest wherein was seized and sold by me, the sum of £69 19s. 2d., for and on account (1) Before PALLES, C.B., and Frrz Gn3Bort and BARRY, L.JJ. of arrears of rent due to him for the said lands accrued prior to Appeal. such sale, claimed by him pursuant to the provisions of the Land 1890. Law (Ireland) Act, 1881, and I further certify that I have retained WALDRON V. in my hands the sum of £5 16s. for poundage, officer's fees, costs SUTCLIFFE. of levying, and other my expenses of execution, making, together with the said sum of £69 19s. 2d., the said sum of £75 15s. 2d.; and the within-named John Sutcliffe had not, at the time of the delivery of the within writ to me directed, or at any time since, any more goods or chattels, or securities for money, whereof I could or can cause to be made, £69 19s. 2d., and interest, or any part thereof, as by the said writ I am commanded." On the 3rd August, 1889, the plaintiff obtained a judgment against the defendant for £69 19s. 2d. The defendant held under a tenancy from year to year, and was largely in arrear of rent to his landlord, Lord de Vesci, of which notice was served on the sheriff. One year's rent was claimed on all the holdings, amountÂing to £81 14s. 8d. The plaintiff served both landlord and tenant with notice of his intention to sell the defendant's interest. At the sale the landlord's solicitor objected, on the ground that the tenant's interest was only an equity of redemption. The sheriff, however, proceeded with the sale, and the lands were bought by the defendant's wife for £75 15s. 2d. The sheriff paid out of the purchase-money to the landlord the sum of £69 19s. 2d., on account of the arrear of rent ; but by mistake the return made in the first instance was framed as if the sheriff had acted under the statute 9 Anne, c. 10. Carson, Q. C., and Samuels, for...