Re Michael Daily

JurisdictionNorthern Ireland
Judgment Date01 January 1944
Date01 January 1944
CourtCourt of Appeal (Northern Ireland)
(C.A., N.I.),
In re Michael Daily

- Husband and wife - Husband ceasing to live on lands - Wife and children in exclusive possession for statutory period - Local Registration of Title (Ir.) Act, 1891, s. 52.

The owner of lands registered under the Local Registration of Title (Ir.) Act, 1891, lived on the lands with his wife and his two children until 1928, when, owing to disagreements with his wife, he left with his wife's approval and went to live elsewhere; he never returned to the lands and he and his wife never afterwards spoke to one another. His wife and the children continued to live and work on the lands, and continuously remained, and still were, in exclusive beneficial occupation and receipt of the profits thereof without any claim being made by the registered owner, or any acknowledgment of right being given to him. The wife of the registered owner, claiming that but for the provisions of the Local Registration of Title (Ir.) Act, 1891, she would have acquired a title to the lands by possession, applied to the...

To continue reading

Request your trial
3 cases
  • Moore (plaintiff) v Moore and Others
    • Ireland
    • High Court
    • 10 December 2010
    ...ASSOCIATION & ORS 1958 1 WLR 563 1958 2 AER 241 LIMITATION ACT 1939 S26B (UK) KEELAN v GARVEY 1925 1 IR 1 IRISH LAND ACT 1903 DAILY, IN RE 1944 NI 1 LYALL LAND LAW IN IRELAND 3ED LOCAL REGISTRATION OF TITLE (IRELAND) ACT 1891 STATUTE OF LIMITATIONS 1957 S7 WYLIE IRISH LAND LAW 4ED PARA 23......
  • Bellew v Bellew
    • Ireland
    • Supreme Court
    • 1 January 1983
    ...and Murphy v. Murphy[1980] I.R. 183 considered. Cases mentioned in this report:— 1 Keelan v. Garvey [1925] 1 I.R. 1. 2 In re Michael Daly [1944] N.I. 1. 3 Hughes v. Griffin (1969] 1 W.L.R. 23. 4 Heslop v. Burns [1974] 1 W.L.R. 1241. 5 Murphy v. Murphy [1980] I.R. 183. 6 Maher v. Harte Barry......
  • Bellew v Bellew
    • Ireland
    • High Court
    • 12 May 1981
    ...a title to the lands of her husband as against him. Some aspects of this decision have been criticised in the case of Re Michael Daly (1944) N.I.1 but I do not consider that the decision in Keelan .v. Garveyis applicable to the present case as the Plaintiff's wife was residing in the mansio......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT