The Gazette 1975

In considering whether Bobinstown is a "town"" within the Judgment Mortgage Act, 1850, Kenny J. cited the case law on the subject, and came to the conclusion that Robinstown was a village. The Act of 1850 does not require the townland to be stated in the affidavit — accordingly the description of the lands in the judgment mortgage affidavit was sufficient. The next issue is whether the misdecription of A as a farmer invalidates the affidavit. The case law on this subject proves that it does, for in Murphy v. Lacey 31 I.L.T.R. 42, Porter M.R. held that where an agri- cultural labourer was described as a farmer, the affidavit was invalid. Accordingly an affidavit which describes a mechanic, who had never been a farmer, as a farmer, is also invalid. Therefore the plaintiff's judgment mortgage \yas not effective to create a mortgage, and a declaration to that effect will be refused. If the village has not the same name as the townland in which it is situated, it is essential to search in the Registry of Deeds against the name of the village as well as that of the townland. [Dardis and Dunns Seeds Ltd. v. Hickey—Kenny J. —unreported—11th July, 1974.]

ness until July 19th, 1969. From the beginning difficulties arose and defects became apparent. There had been no dispute as to the existence of the defects and their unfortunate consequences. Mr. Justice Hamilton said the defendants were extremely unfortunate in this case because the structural defects which led to the collapse of the building were due to two separate causes either of which were capable of being remedied. Due to the com- bination of the two separate causes, remedial work was impossible prior to the collapse of the building. He held that all the defendants were in breach of duty, either contractually or otherwise, the builder being liable in law by the breach of duty of its sub- contractor, Precast Ltd. He was satisfied from the evidence that the greatest degree of fault must rest with Precast Ltd. and through it in the builder. [Lynch v. Beale, Murphy Ltd. and Precast Ltd.— Hamilton J.—unreported—30th November 1974.] In March, 1971, the plaintiffs got judgment in the Circuit Court against A, a third party, for £421 and £16 costs. In April, 1971, the plaintiffs lodged a copy of the Circuit Court affidavit in the Registry of Deeds to convert the judgment into a judgment mortgage. The affidavit mentioned the Barony and County, but not the Townland. The third party, A, subsequently agreed to sell the lands to the defendant. In the conveyance to A, made in October, 1966 and in a mortgage made on the same day, the townland of Balbradagh was mentioned; the mortgage was duly released to A, discharged from all monies secured on 4th October, 1971. The solicitors for the purchaser had a hand search made in the Registry of Deeds against lands "in the Townland of Balbradagh, in the Barony of Upper Navan and in the County of Meath". This search disclosed the mortgage, but not the judgment mortgage. On 5th October, 1971, A conveyed the said lands to the purchaser. The plaintiffs now seek a declaration claiming that the judgment mortgage of 29th April, 1971 is well charged on the purchaser's interest in the lands. It was contended on behalf of the purchaser that the affidavit did not create a valid judgment mortgage, because it did not describe the lands to be charged with sufficient detail, and because A was not a farmer, though described as such, but was in fact a mechanic. Defective Judgment Mortgage Affidavit, which did not correctly describe occupation, rejected.

The Society is about to establish panels of persons who would be available to examine and comment to the Society on Parliamentary Bills and draft EEC Directives and Conventions, according as they become available. If you are interested in helping the Society in this way, please write to the Director General, indicating your area of special interest.

IRISH SOCIETY FOR THE STUDY AND PRACTICE OF EUROPEAN LAW The Society's next meeting will be on the 28th Feb- ruary in the Solicitors' Buildings at 8 p.m. when Mr. Vincent Grogan, Director in the Directorate General for Competition of the E.E.C. will talk on "Competition Policy in the E.E.C." Non members of the Society are welcome.

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