Woodroffe v Greene

• Jurisdiction: Ireland
• Court: Court of Appeal in Chancery (Ireland)
• Judgment Date: 17 November 1863
• Date: 17 November 1863

Court of Appeal in Chancery.

Woodroffe

and

Greene.

Ch. Appeal.

CHANCERY REPORTS,

BEING A SERIES OF

CASES ARGUED AND DETERMINED

IN THE

HIGH COURT OF CHANCERY,

COURT OF APPEAL IN CHANCERY,

Rolls Court, Landed Estates Court,

AND

COURT OF BANKRUPTCY AND INSOLVENCY.

This case came before the Court on an appeal from an order made by his Honor the Master of the Rolls, on the 15th June 1863, under the circumstances hereafter stated. The case, upon the hearing before his Honor, is reported supra, vol. 14, p. 225.

William Hastings Greene was, in and previously to 1826, seised for life, with remainder in tail to his eldest son William Warren Hastings Greene, of considerable landed estates, which were however subject to certain charges. In Hilary Term 1826, a judgment, on which £2227. 14s. 1d. was due, was obtained against William H. Greene, which became vested in Henry Nixon and Arthur Brown, the petitioners in the tenth matter. This judgment was not redocketted, pursuant to 9 G. 4, c. 35.

In Michaelmas Term 1827, another judgment was obtained against him, which became vested in Henry Clinton Martin and John Greene. This judgment was duly redocketted on the 28th October 1844. On the 15th April 1848, James Sadleir obtained a mortgage from William Hastings Greene, and his son William Warren Hastings Greene concurred in this transaction. This security became vested in Mr. M'Dowell, as official manager of the Tipperary Bank. Mr. William Hastings Greene having become indebted to many other persons. Eleven petitions under the 5 & 6 W. 4, and 3 & 4 Vie., c. 105, and three causes were instituted against him. The bill in one of these causes had been filed by James Sadleir, on foot of his mortgage, on the 4th December 1848, seeking foreclosure and sale of the mortgaged estates; and the receiver, who had been appointed and extended in the several matters, was extended to this cause, by an order of the 4th June 1845.

A fund of £2454 new £3 per cent. stock, and £136. 1s. 11d. cash, was realised by the receiver, and was standing in Court to the credit of these matters and causes; and, on the 1st March 1858, an order was made, by which it was referred to the Master to inquire and report who was entitled to the funds, and to allocate them. The Master's report was filed on the 22nd May 1861, and he thereby found that the judgment of 1827 was not duly redocketted; and that it and the judgment of 1826 were to be postponed to the judgments puisne to them.

To this report the persons entitled to those judgments objected; and by an order of his Honor, made in July 1861 (reported supra, vol. 12, p. 486), it was declared that the judgment of 1827 was duly redocketted; and it was referred back to the Master to reconsider his report, and, in reconsidering his report, to inquire and report whether anything was due on foot of the mortgage of 1848.

Mr. M'Dowell, in whom this mortgage was vested, entered into an arrangement with the petitioners in the tenth matter, the holders of the judgment of 1826, and, in consequence, declined to make any claim upon the funds in Court; but there appeared to be about £2000 due on foot of this mortgage.

The Master made his report under this reference, finding the fact of...