Willis v Gildea

• Jurisdiction: Ireland
• Judgment Date: 01 January 1865
• Date: 01 January 1865
• Court: Court of Common Pleas (Ireland)

Common Pleas.

WILLIS

and

GILDEA.

Kennedy v. Whaley 12 Ir. Law Rep. 54.

Gilman v. Chute 11 Ir. Law Rep. 442.

Sealy v. Lawder Arm. M'C. & Ogle. 64.

Banco v. Banco Exch., Hil. 1828.

Appendix. xxiii 1863, and was made in the case of Murphy v. Walsh. That case is H. T. 1866. Consol. DOHERTY V. M`DAID. O'HAGAN, J. You may take the order. Application granted. WILLIS v.- GILDEA. (Common Pleas.) By bond, dated the 4th of January 1848, James Knox Gildea and Anthony Knox Gildea acknowledged themselves indebted to WilÂÂliam Willis in the sum of 1303. 17s. 6d., on the following terms:- " The condition of the above obligation is such, that if the above bound "James Knox Gildea, his heirs, executors, or administrators, shall " and do well and truly pay, or cause to be paid, to the above named " William Willis, his executors, administrators, or assigns, the just "and full sum of 651. 18s. 11d, sterling, within nine calendar "months, to be computed from the date hereof, with interest in the " meantime from the date hereof until paid, at the rate of six "pounds per cent. per annum, without fraud or further delay ; or, " in case the said James Knox Gildea shall die in the lifetime of the "said Anthony Knox Gildea, before the said debt and interest shall " be paid, and the said Anthony Knox Gildea shall become entitled "in possession to the lands and hereditaments of which the said "James Knox Gildea is now in possession as tenant for life, then, " if the above bounden Anthony Knox Gildea, his heirs, executors, "or administrators, shall and do well and truly pay, or cause to be tate, directed that stay of execution, until the death of the brother and further order of the Court, should be marked upon the margin of the revived judgment, although no stay of execution appeared upon the original one. xxiv Appendix. " paid, unto the above-named William Willis, his executors, admiÂÂ" nistrators, or assigns, the sum of 651. 18s. 11d., and interest as "aforesaid, within the term of three years, to be computed from the "date hereof, in case he shall become entitled to the said lands " within that period, and if not, in case lie shall become entitled "in possession to the said lands within that period; and if not then, " within six calendar months after he shall have so become entitled " in possession, without fraud or further delay ; that the above obliÂÂ" gation to be void and of none effect, or else stand or remain in "full force and virtue in law.-Signed, sealed," &c...