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VOL. XVI. (VOL. IX. NEW SERIES.)

CONTAINING

REPORTS OF CASES DECIDED IN THE SEVERAL COURTS OF EQUITY AND COMMON
LAW, THE LANDED ESTATES COURT, COURT OF PROBATE, COURT OF

BANKRUPTCY & INSOLVENCY, AND COURT OF ADMIRALTY.

With a Digest

OF THE CASES REPORTED DURING THE YEARS 1862 AND 1863 IN THE JURIST, AND

IN THE 14 IR, CHAN. AND 14 IR. C. L. REPORTS.

AND AN

Appendix of the Statutes relating to Ireland.

BY WILLIAM WOODLOCK, ESQ. BARRISTER-AT-LAW.

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DUBLIN:
E. PONSONBY, 116 GRAFTON STREET.

1864.

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bart v.

100

Equitg
Tully Burke v.
344, Gibbons v. Cusack

13 Page Wetherall's Trusts, in re, 25 Godfrey v. Broderick

359 Alyward, Dolphin v. 14 Woodroofe and Sadleir v. Goodfellow v. Hunter

48 Attor-Gen. M'Carthy v. 3 Greeu

378 Gray, Shee v

270 Barber v. Tully 105

Great S. & Wes. Rail., AttorBayley v. O'Connell 398

Gen. y.

85 Lab. Barke v. Tully 344

Griffith & others, Poole v.

201 Barrowes v. O'Brien & Gib Alliance Gas Co., Connolly v. 67 Hanbury v. Jonts

5 bons

23 Archbold v. Earl of Howth 247 Hastings v. Bann Nav. TrusChindery v. Evans 281 Armstrong, Woods v. 292 tees

7 Colclough v. Smith 101 Atkinson v. Mills 250 Hassard, Tallon v.

34 College of Physicians, Dublin, Attor-Gen. v. Gt. S. & W. Hayes, Queen v.

158 Trinity College Dublin v. 362 Rail.

85 Henderson, Kearns v.

69 Connor, Kyle v. 103 Bann Nav. Trus., Hastings v. 7 Hill, Whyte v.

288 Cooke v. Marquis of Donegal 41 Bannon, Queen v.

15 Hoey v. Caulfield

134 Davies, Graves v. 385 Barlow, Shannon v. 229 Holmes, Cuffe v.

12 Dolphin v. Alyward 141 Barry, Moyneban v. 176 Howlett, in re,

245 Donegal, Marquis of, Crooke v. 41 Begg, Sayers v.

... 337 Howth, Earl of, Archbold v. 247 Dansany v. Dapne 342 Beere v. Fleming

44 Hunt v. Smith

138 Evans, Chirnery v. 281 Bell, Lipsett v. 315 Hunter, Goodfellow v.

48 Fanning's Charity, in re 146 Bernal v. Croker

31 Irish North Wes. Rail., LockFerguson, Harvey v. 341 Black, Domville v. 265

236 Flanagan, Skelton v. 341 | Brady v. Slater

152 Irish Society, Tyrrell v 395 Gerrard, John, re. estate of ... 21 Broderick, Fox v.

17, 91 J. C. iu re

254 Graves y. Davies 385 Broderick, Godfrey v. 359 Jones, Hanbury v.

5 Greene, Woodroofe and Sad Caulfield, Hoey v.

134 Kearns v. Henderson

69 lier y. 378 Chisholm, Kenny v. 357 | Kearns, Leo v.

318 Hall, Alexander, in re 321 Coghlan v. Lord Lismore ... 414 Keeffe, Murphy and others v. 123 Harvey v. Ferguson 341 Colclough v. Colclough 213 Keller, Lyons v.

381 King v. King 182 Connellan, M'Elveny v. 170 Kenny v. Chisholm

357 Kyle v. Connor

103 Connolly v. Alliance Gas Co. 67 Kinsley, Doyle and Lawler v. 26 Lloyd, Rorke v. 409 Conway v. Richardson

7 Lambert v. M.Donnell 371 Lyster v, O'Sullivan 242 Cope v. Mooney 184 Lawless, Strattan v.

35 M•Blain v. Swanton 122 Croker, Bernal v. 31 Lefevre, Splentz v.

62 M'Carthy v. Attor-Gen. 3 Crosthwaite, Queen v. 148, 188 Lemon, Reynolds v. ... 216 O'Brien and Gibbins, Bur Cuffe v. Holmes

12 Leo v. Kearns

318 rowes y. 23 Cusack, Gibbons v. 13 Lewis, Wyse v.

84 O'Connell, Bayley v. 398 Cusack, Lord Malahide v. 327 Lipsett v. Bell

315 O'Sullivan, Lyster v. 242 Daly, Matthew, in re

137 Lismore, Lord, Coghlan v. ... 414 Olden, In re

1 Davis v. M‘Mahon
267 Little, M.Phail v.

267 Parcell, in re

102 Delacherois v. Delacherois 255 Lockhart v. Ir. Nor. W. Rail. Queen v. Swan 362 | Domville v. Black 265 Co.

236 Quinlan, Sims v. 404 Dowd v. Percy

140 Lunbam v. Wakefield & Nash 105 Rorke v. Lloyd 409 Doyle and Lawler v. Kinsley 26 Lyons v. Keller

381 Rossiter v. Rossiter 373 Dublin, Lord Mayor of, Queen Lyons, Murphy v.

345 Sims v. Quinlan ... 404

324 M‘Donnell, Lambert v. . 371 Skelton v. Flanagan 341 Ellis, M‘Mahon v.

328 MʻLlveny v. Connellan ... 170 Smith, Colclough v. ... 101 Fitzgerald v. Thompson 53 M‘Ginney, Tottenham v.

287 Swan, Queen v. 362 Fleming, Beere v.

44 M Mahon v. Ellis

328 Swanton, M.Blain v. 122 Fox v. Broderick 17, 91 M Mahon, Davis v.

267 Trinity College, Dublin, v.

Fraser, Quan v.
268 M.Phail v. Little

· 267 College of Physicians, Dublio 362 Gallagher v. Nolan ... 382 | Malahide, Lord, v. Cusack .. 327 Tally, Barber v. ... 105 | Galt, Shaw v.

165 Massareene, Lord, Whalley v. 417

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Mills, Atkinson v.
... 250 Strattan y. Lawless

35 Robinson, Gamble and wife v. 55 Mooney, Cope v. 184 Sullivan v. Watters

112 Smith v. Brunker and wife 38 Moynehan v. Barry 176 Sweeny v. Promoter Insurance Wall, Keogh v.

418 Murphy v. Lyons 345 Company 354 Waterson, Greer v.

418 Murphy v. Murphy 290 Tallon v. Hassard

34 Murphy, Scorr v. 89 Tennant v. Orr

131 Landed Estates Court. Murphy and others v. Keefe 123 Thompson, Fitzgerald v. 53 Bennett v. Taaffe

119 Nagle, Rea v. 81 Tottenham v. M‘Ginney 287 Blake, in re estate of

97 Nolan, Gallaher v.

382 Tyrrell v. Irish Society 395 Brown, Allan, estate of 59 Norton, Queen v.

156 Wade v. Strangways 179 Brown, Valentine, estate of 155 Orr, Tennant v.

131 Wakefield and Nash, Lunham Cassan, Matthew, estate of 72 Percy, Dowd v. 140

105 Clancy, John, estate of 72 Poole v. Griffith and others 201 Wakefield v. Smith

391 Collis, Alexander, in re 177 Promoter Insur. Co., Sweeny Watters, Sullivan v.

112 i Cullin v. Lemon

117 354 Whalley v. Lord Maserene ... 417 Kelly, Maryanne, Estate of 59 Quan v. Fraser 268 Whyte v. Hill 288 Lemon, Cullin v.

117 Queen v. Bannon 15 Woods v. Armstrong 292 Taffe, Bennett v.

119 Queen v. Crosthwaite 148, 188 Wyse v. Lewis

84 Taaffe's estate

18 Queen v. Hayes 158

Thompson, Meredith, in re, ... 193 Queen v. Lord Mayor of Dubliu 324

Probate Court.

Usher, Arthur, estate of, 57 Queen y. Norton

156 Brunker & wife, Smith v. 38 Queen v. Rathmines Com. 301 Campbell v. Campbell 39, 95

Bankruptcy. Queen v. Rea 221 Cannon v. M'Intyre 383 Arranging Trader, re

120 Rathmines Com., Queen v. 301 Casey, Norton v.

383 Bagnalstown Rail., in re .239 Nagle 81 Corcoran v. Duggan 17 Carpenter, in re

20 Rea, Queen v. 221 | Douce v. Reed 39 M Cann, Felix, in re

77 Reynolds v. Lemon ... 216 Duggan, Corcoran v.

17 M'Nevin, Patrick, in re · 197 Richardson, Conway v. 7 Dunbar, Kelly v. 383 Murray, Angus, in re

98 Sayers v. Beggs 337 Flinn v. Flinn 384 Olden, re F. & W.

297 Scorr v. Murphy

89 Gamble and wife v. Robinson 55 Shahan, Thomas, in re, 198 Shannon v. Barlow ... 229 | Greer v. Waterson

418 Smart, John, in re

194 Shaw v. Galt ... 165 Keogh v. Wall

418 Shee v. Gray 270 Kelly v. Dunbar

383

Admiralty. Slater, Brady v. 152 Loftus, Sir F. goods of 97 Erin go Bragh, The

100 Smith, Hunt v. 138 M‘Entyre, Cannon v. 383 Malvina, The

.., 199 Smith, Wakefield v. 391 Norton v. Casey 383 Maryanne, The

60 Splentz v. Lefevre 62 Rankin, Elizabeth, goods of 38 Rothsay Castle, The

360 Strangways, Wade v. 179 Reed, Douce v.

39 / Swan, The,

278

...

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Rea v.

DECIDED IX ALL

THE COURTS OF EQUITY AND COMMON LAW IN IRELAND, AND. IN

THE HOUSE OF LORDS.

now

Court of Appeal in Chancery. Robert Olden bequeathed the sum of £200 to his

daughter Elizabeth, and the sum of £400 to each of (Reported by Edmund T. Bewley, Esq., Barrister.at.law.]

his daughters, Anne, Adelaide, Louisa, and Emily [BEFORE THE LORD CHANCELLOR AND THE LORD JUS- Olden, and charged the said five several sams with TICE OF APPEAL.]

interest at 5 per cent., and also an annuity of £100 IN THE MATTER OF FREDERICK OLDEN AND ANDREW per annum for his wife, Elizabeth Olden, during her

WILLIAM OLDEN, BANKRUPTS; EX PARTE SARAH !ife, on the testator's stock in trade and establishments LUNHAM, PETITIONER.—June 22, 1863.

in Daunt's-square and Duncan-street aforesaid; and

as to his dwelling-house and premises at Daunt's. Notice MortgageePurchaser for valuable consi- square and Duncan-street, and all his interest therein,

deration, without notice-Gross negligence. and all his stock in trade, goods, chattels, and effects, X. by his will, devised the interest in a lease for a

in the respective establishments, the testator gave the term of years to A. & B., subject to certain charges same, charged and chargeable as aforesaid, to his two thereby created, and appointed A. & C. his execu- sons, Frederick Olden and Andrew William Olden tors. 4. & B. subsequently excecuted to D. a mort- (the bankrupts) as tenants in common. The testator gage of the premises comprised in the lease, but did farther appointed his wife, Elizabeth Olden, and his not produce the original lease, nor deduce their title eldest son, Frederick Olden, execators of his will, to it

, the indenture of mortgage merely reciting that which was subsequently daly proved by them in the the premises had been demised to X.,

and were

Prerogative Court, Ireland, on the 1st of March, 1844. vested in A. $ B., or one of them,for the residue

Frederick Olden, and his brother, Andrew William of a term of years, and no mention being made of Oden, entered by virtue of this will into possession the will of X., under which A. and B. derived, nor

of the soap making and chandlery establishment, and the charges created thereby. Held, that the mort. carried on the business under the style of " Robert gagee was guilty of gross negligence in not requiring Olden & Sons,” in the above mentioned premises and the deduction of the mortgagor’s title fron X., and others adjoining thereto which they afterwards actherefore was affected with constructive notice of the quired. Frederick and Andrew William Olden subcharges created by the will of X.

sequently paid off the said sums of £230 and £400

respectively, with interest thereon, as given by the Br iudentnre of lease, dated the 20th of December, said will to Elizabeth Olden, the testator's eldest 1825, Henry Leader, of the city of Cork, demised to daughter, and Emily Olden, and also made several Robert Olden, tallow chandler, a house and other payments to the other daughters, and to Elizabeth premises, s tuate in Duncan-street, in the parish of Olden, the testator's widow, on foot of the said charges St. Peter, ju the city of Cork, to hold to the said and annuity respectively, leaving due to Elizabeth Robert Olden, his executors, administrators, and as- Olden on foot of her annuity up to the 29th day of signs, for a term of 900 years, at a yearly rent of September, 1862, the sum of £14 16s. 8d.; to Apne £31 10s. sterling. Robert Olden, for upwards of Olden the sum of £400 before mentioned, and £17 twenty-six years, carried on in these premises an ex- / 6s. 8d. for interest up to the 1st of December, 1862; tensive chandlery and soap making business, and and to each of the said Louisa and Adelaide Older, continued to do so until the date of his death, which the said som of £400 principal money, and £7 178. took place on the 3rd of February, 1814 By his 4d. for interest ap to the last-mentioned date. will duly made, and dated the 27th of January, 1844, By indenture bearing date the 18th day of Soptem

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