John Agnew v Peter McCartney and Mairead Doherty v Eugene McGlade and Judith Margaret McGlade
| Jurisdiction | Northern Ireland |
| Judge | Deeny J |
| Judgment Date | 2005 |
| Neutral Citation | [2005] NIQB 43 |
| Date | 26 May 2005 |
| Court | Queen's Bench Division (Northern Ireland) |
1
Neutral Citation No. [2005] NIQB 43
Ref:
DEEC5277
Judgment: approved by the Court for handing down
Delivered:
26/5/05
(subject to editorial corrections)
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
____________
QUEEN’S BENCH DIVISION
____________
BETWEEN:
JOHN AGNEW
Plaintiff;
v
PETER McCARTNEY AND MAIREAD DOHERTY
First Defendants;
and
EUGENE McGLADE AND JUDITH MARGARET McGLADE
Second Defendants.
____________
DEENY J
[1] Mr Gerry Granger appeared for the plaintiff appellant and respondent
to the appeals in the counter claims in these proceedings. Mr Michael
Cahalan appeared for Peter McCartney and Mairead Doherty to whom I will
refer as the first defendants. Mr Kevin Denvir appeared for Eugene McGlade
and Judith Margaret McGlade who are also respondents to the plaintiff’s
appeal and counter claimants themselves and appealed in that regard. I
received helpful submissions from them at the close of the appeal.
[2] These proceedings, which have taken up three days in the County
Court and four in the High Court, relate to a dispute about the boundary of a
property known as Rathlure, also described as Rathlury on some maps. This
is a substantial dwelling house with over an acre of grounds on the edge of
Maghera, Co.Londonderry. It was acquired from the Clark family by Patrick
Agnew, Solicitor, in 1909. Both his conveyance and the ordnance survey map
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