RE Stuart, deed., Corrigan v Dempsey
Jurisdiction | Northern Ireland |
Judgment Date | 01 January 1940 |
Date | 01 January 1940 |
Court | Court of Appeal (Northern Ireland) |
- Compensation money - Conversion - Lunacy Regulation (Ireland) Act, 1871 (34 35 Vict., c. 22), ss. 63 and 67 -Lands Clauses Consolidation Act, 1845 (8 9 Vict., c. 18), s. 69.
The owner of a fee farm rent who had made a will by which she devised it to the plaintiff became a person of unsound mind and incapable of managing her affairs and was so found by the Lord Chancellor of Ireland. Under the Belfast Corporation Act (N.I.), 1924, the rent was compulsorily acquired by the Belfast Corporation, and pursuant to an order of the Lord Chief Justice, directing that the committee should be at liberty in the name of the person of unsound mind to execute a conveyance of the rent to the Corporation, the rent was conveyed to the Corporation, and the amount awarded for compensation was lodged in Court to the credit of the lunacy matter. The testatrix afterwards died. Held, by the Court of Appeal (1) That this was not a "sale" under the Lunacy Regulation (Ir.) Act, 1871; and (2) (reversing the order of Megaw J.), that s. 69 of the Lands Clauses...
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