Irish Common Law Reports; Reports of Cases Argued and Determined in the Courts of Queen's Bench, Common Pleas, Exchequer, Exchequer Chamber, and Court of Criminal Appeal ... Volume 15

Irish Common Law Reports; Reports of Cases Argued and Determined in the Courts of Queen's Bench, Common Pleas, Exchequer, Exchequer Chamber, and Court of Criminal Appeal ... Volume 15

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1865 edition. Excerpt: ...of the disabilities specified, or in the case of absence from the country, be made to the guardian of a minor, to the committee of the estate of a lunatic, to the husband of a feme covert, to the attorney of an absent party, and to the trustee of any of these, if the property be vested in a trustee; although, but for this provision, the equitable owner of a perpetual leasehold of which the legal estate is in a trustee would, under the 35th and 37th sedtions, be the person to whom the grant should be made, where there is no trustee "in actual possession" or "in receipt of the rents," within the 35th section. This being, as I conceive, the operation of the 17th section of the statute, it becomes unnecessary to consider whether or how far, if Mr. Houghton were an owner under the statute, there would have been a merger of the leasehold in the fee; and whether, if there had been a title gained by usurpation under the Statute of Limitations against the owner of the leasehold, such title could, after the death of the last cestui que vie, be substantiated against the owner of the fee? As the case stands, Mr. Houghton was, as I conceive, nothing more than a grantee of the reversion in fee under the grant of 1850. In 1858 the lease expired by the death of the last cestui que vie. In 1859, Mr. Houghton conveyed the estate to the present plaintiff. And this action of ejectment is now brought by the present plaintiff in assertion of the new right which accrued on the death of the last cestui que vie in 1858. Upon this short view of the case I am content to rest my opinion that, as to the second class of defendants, the decision of the Court below should be reversed. In the result therefore I concur (though for different...show more

Product details

  • Paperback | 214 pages
  • 189 x 246 x 11mm | 390g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236883950
  • 9781236883957