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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.

142156

DUBLIN:

PRINTED BY ROBERT T. WHITE,

45 FLEET STREET.

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Reports of Cases

DECIDED IN ALL

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

Court of Appeal in Chancery.

[Reported by Edmund T. Bewley, Esq., Barrister.at-Law.]

[BEFORE THE LORD CHANCELLOR AND THE LORD JUS-
TICE OF APPEAL.]

IN THE MATTER OF FREDERICK OLDEN AND ANDREW
WILLIAM OLDEN, BANKRUPTS; EX PARTE SARAH
LUNHAM, PETITIONER.-June 22, 1863.
Notice-Mortgagee-Purchaser for valuable
deration without notice-Gross negligence.

Robert Olden bequeathed the sum of £200 to his daughter Elizabeth, and the sum of £400 to each of his daughters, Anne, Adelaide, Louisa, and Emily Olden, and charged the said five several sums with interest at 5 per cent., and also an annuity of £100 per annum for his wife, Elizabeth Olden, during her life, on the testator's stock in trade and establishments in Daunt's-square and Duncan-street aforesaid; and as to his dwelling-house and premises at Daunt'sconsi-square and Duncan-street, and all his interest therein, and all his stock in trade, goods, chattels, and effects, in the respective establishments, the testator gave the X. by his will, devised the interest in a lease for a 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 A. & B. subsequently executed to D. a mort-(the bankrupts) as tenants in common. gage of the premises comprised in the lease, but did not produce the original lease, nor deduce their title to it, the indenture of mortgage merely reciting that the premises had been demised to X., and were vested in A. & B., or one of them," for the residue of a term of years, and no mention being made of the will of X., under which A. and B. derived, nor the charges created thereby. Held, that the mortgagee was guilty of gross negligence in not requiring the deduction of the mortgagor's title from X., and therefore was affected with constructive notice of the charges created by the will of X.

tors.

now

Br indenture of lease, dated the 20th of December, 1825, Henry Leader, of the city of Cork, demised to Robert Olden, tallow chandler, a house and other premises, s tuate in Duncan-street, in the parish of St. Peter, in the city of Cork, to hold to the said Robert Olden, his executors, administrators, and assigns, for a term of 900 years, at a yearly rent of £31 10s. sterling. Robert Olden, for upwards of twenty-six years, carried on in these premises an extensive chandlery and soap making business, and continued to do so until the date of his death, which took place on the 3rd of February, 1844 By his will duly made, and dated the 27th of January, 1844,

The testator

further appointed his wife, Elizabeth Olden, and his eldest son, Frederick Olden, executors of his will, which was subsequently duly proved by them in the Prerogative Court, Ireland, on the 1st of March, 1844.

Frederick Olden, and his brother, Andrew William Oden, entered by virtue of this will into possession carried on the business under the style of "Robert of the soap making and chandlery establishment, and Olden & Sons," in the above mentioned premises and others adjoining thereto which they afterwards acquired. Frederick and Andrew William Olden subsequently paid off the said sums of £250 and £400 respectively, with interest thereon, as given by the said will to Elizabeth Olden, the testator's eldest daughter, and Emily Olden, and also made several payments to the other daughters, and to Elizabeth Olden, the testator's widow, on foot of the said charges and annuity respectively, leaving due to Elizabeth Olden on foot of her annuity up to the 29th day of September, 1862, the sum of £14 16s. 8d.; to Anne Olden the sum of £400 before mentioned, and £17 6s. 8d. for interest up to the 1st of December, 1862; and to each of the said Louisa and Adelaide Olden, the said sum of £400 principal money, and £7 178. 4d. for interest up to the last-mentioned date,

By indenture bearing date the 18th day of Septem

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