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Judgment Mortgage Description of Premises
The Royal Insurance Co. obtained Judgment in
the Circuit Court for £244 Is. 8d. against the
Bankrupt and an Affidavit was made to convert
the Judgment into a Mortgage under the Judg
ment Mortgage (Ireland) Act of 1850.
On the 15th March 1966 P. O'Meara & Sons.
Ltd., got Judgment against
the Bankrupt for
£435 and subsequently made an Affidavit to con
vert this Judgment into a Judgment Mortgage.
A third Judgment was obtained by a Mr. Fur
long in the High Court and it was converted into
a Judgment Mortgage. The Judgment Mortgage
in each case described
the premises as being
situate "in the parish of New Ross".
The Official Assignee disputed the validity of
all these Mortgages because the Affidavit did not
comply with Section 6 of the Act of 1850 as
the property was not in the parish of New Ross
(which does not exist as a Civil Parish) but in
the Parish of St. Mary's. It was conceded by the
Creditors that New Ross is a town.
The Act requires the Affidavit
to state the
County and Barony or the Town or County of a
City and Parish, or the Town and Parish in which
the premises to which the Affidavit relates are
situate and where more than one County, Barony,
Parish or Street is involved this shall be stated.
In his judgment, Kenny, J. referred to In the
Estate of the Ulster Banking Co.,
(1869) 3
Ir.
Eq. 264, in which it was held that where an
Affidavit
correctly describes
the County and
Barony in which the lands were situate it was
valid although the property was situate in a Town
or County of a City but indicated that in his
view this decision is incorrect. The object of the
provisions is to enable the Index of lands to be
properly maintained and accordingly if a Parish
does not exist is referred to the Mortgage cannot
be correctly registered and the Affidavit is defec
tive. Accordingly the three Affidavits in this mat
ter did not create effective Judgment Mortgages.
It is
important to remember that the Roman
Catholic Parishes are not those referred to
in
Section 6.
[In the matter of George A. Flannery, A Bank
rupt. The High Court].
THE REGISTRY
Register A
Register C
Daniel Bowling, late of Coolard, Shroneowen, Listowel,
deceased.
Will any solicitor or any other person having knowledge
of a Will made by the above-named who died on the 4th
day of March 1969 at South Quay, Newcastle West,
County Limerick, please communicate with: Matthew
J. Byrne & Co., Solicitors, 3 William Street, Listowel,
County Kerry.
Will any Soliictor who may hold a Will of Miss Delia
Davin, Late of 13, McDonagh Terrace, Galway who
died on March llth 1969 please contact Messrs. John
C. O'Donnell and Son Solicitors for the Estate of 15
Mary Street, Galway.
REGISTRATION OF TITLE ACT 1964
Issue of New Land Certificate
Applications have been received from the registered
owners mentioned in the Schedule annexed hereto, for
the issue of Certificates of Title in substitution for the
original Certificates issued in respect of the lands speci
fied in the said Schedule, which original Certificates, it
is alleged, have been lost or inadvertently destroyed.
A new Certificate will be issued in each case, except
a case
in respect of which notification is received in
this Registry within 28 days from the publication of this
notice, that the Certificate of Title is still in existence,
and
in
the custody of some person other than the
registered owner. Any such notification should state the
grounds on which such Certificate is being held.
Dated the 28th day of April 1969.
D. L. McALLISTER
Registrar of Titles, Central
Chancery Street, Dublin.
Office, Land Registry,
Wanted—Assistant Solicitor for Cork City firm. Good
salary and conditions for suitable applicant Reply to
Box No. A267.
SCHEDULE
1. Registered Owner, Hugh O'Reilly. Folio number
13452. County Monaghan. Lands of Ballyrush in the
Barony of Farney, containing 4a. 2r. 20p.
2. Registered Owner, Frank Keogh. Folio number
2226. County Clare. Lands of Knockyclovaun, in the
Barony of Tulla Lower, containing 8a. Ir. lOp.
3. Registered Owner, Joseph Rafferty. Folio number
2110. County Kildare. Lands of Great Connell in the
Barony of Connell, containing 9a. 3r. 32p.
4. Registered Owner, Mary McCormack. Folio number
197
(R) County Roscommon. Lands
of Gorteena-
cammadil
in
the Barony of Castlereagh containing
14a. 2r. 12 p.
5. Registered Owner, Patrick J. Walsh. Folio number
5337. County Dublin. (1) la. 3r. 20p. of the Lands of
Balheary and (2) Oa. 2r. lOp. of the lands of Newtown
both situate in the Barony of Nethercross.
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