William Ireland and Wife, . . Petitioners. v William Wilson, … Respondent

• Jurisdiction: Ireland
• Judgment Date: 05 November 1851
• Date: 05 November 1851
• Court: Rolls Court (Ireland)

Rolls.

WILLIAM IRELAND and Wife, . .

Petitioners.

and

WILLIAM WILSON, …

Respondent.

Dawson v. M'IntyreENR 12 Cl. & Fin. 151.

Trant v. DwyerENR 1 Dow. & C. 125; C. 2 Bli. N. S. 17.

Fitzgerald v. CarewUNK 1 Ir. Eq. Rep. 346.

Malone v. GerahtyUNK 5 Ir. Eq. Rep. 549.

Courtown v. Ward 1 Sch. & Lef. 8.

Boyle v. OlphertsUNK 4 Ir. Eq. Rep. 241.

M'Causland v. Douglas Hayes, 254.

Trant v. DwyerENR 2 Bli, N. S. 17.

O'Hara v. Stronge 11 Eq. Ir. Rep. 262

CHANCERY REPORTS. 623 WILLIAM IRELAND and Wife, . Petitioners. WILLIAM WILSON, . Respondent. In re Renewable Leasehold Conversion Act. THE petition in this matter prayed that the grants in the petition mentioned might be executed by the respondent of the lands comÂprised in two original leases, bearing date respectively the 20th of February 1816, subject to the payment of a perpetual fee-farm rent, agreed upon between the petitioners and the said William Wilson, and subject to the like covenants, conditions, reservations and excepÂtions as are contained in the said original leases respectively. The quantity of land demised by the two leases was 318A. The draft of the fee-farm grant conveyed the lands, describing them by the same boundaries as in the original leases. The petitioners contended that an additional quantity of land, amounting to 120A., passed under that description. The respondent, on the other hand, contended that this additional quantity was an encroachment by the tenant, and had been demised by a former owner of the reversion by a lease of the 2nd of May 1823, and he required that this question of encroachment (which was the only question between the parties) should be determined before the execution of the grant. The facts are stated at length in his Honor's judgment. The Solicitor-General and Mr As to additional lands passing b v. M'Intyre (a). As to the right farm grant-Trant v. Dwyer (b) lone v. Gerahty (d). (a) 12 Cl. & Fin. 151. (b) 1 Dow. & C. 125 ; S. C. 2 Bli. N. S. 17. (c) 1 Ir. Eq. Rep. 346. (d) 5 Ir. Eq. Rep. 549. 624 CHANCERY REPORTS. Mr. Brewster and Mr. Tudor, for the respondent, cited Lord Courtown v. Ward (a); Boyle v. Olpherts (b); AnCausland v. Douglas (e). The MASTER OF THE ROLLS. In this case a petition has been presented under the Renewable Leasehold Conversion Act, by which the petitioners pray that the respondent may execute to them, under the provisions of the said Act, grants in fee-farm of the lands and premises included respecÂtively in two leases, bearing date the 20th February 1716, and hereinafter more particularly referred to. The facts of the case are as follow : On the 20th February 1716, Dr. Edward Smyth, the then Lord Bishop of Down and Connor, demised to John White all that the farm and lands of part of Blackwood, called the demesne of BlackÂwood, Wyseland, Drumm), alias Cocoon, Glassebane, and one acre in Greages, with the mill and land thereunto belonging, bounded on the east with the Red Bog, on the south with Downings and Greages, on the west with John Dunn's holding in Blackwood, and on the north with Patrick and William White's holding in said town, containing 2152 acres, be the same more or less, then in the actual possession of the said John White and his undertenants, situate in the barony of Clane in the county of Kildare, excepting out of said demise all mines and minerals, and with liberty of hunting, hawking, and fishing ; to hold for three lives, therein mentioned, at the rent of £67. 5s. 10d. The said lease is stated in the petition to contain a covenant for perpetual renewal, on the payment of a fine of a quarter of a year's rent on the fall of each life. I have not seen any copy of the lease, but this is not disputed. On the same day the said Lord Bishop demised unto John Dunn all that the farm and lands called the Broka, being part of the town and lands of Blackwood aforesaid, containing 1024 acres, be the same more or less, then in the possession of the said John Dunn and his undertenants, situate in the barony of Clane and county of Kildare, (a) 1 Sch. & Lef. 8. (b) 4 Ir. Eq. Rep. 24L (c) Hayes, 254. CHANCERY REPORTS. 625 bounded on the east with John White's holding in said town, on the 1851. Rolls. south with Greages, and on the west and north with the Red Bog, IRELAND excepting out of said demise all mines and minerals, and with v. liberty of hunting, hawking, and fishing ; to hold for three lives WILSON. therein...