The Estate of Arthur Samuel Judge, a Minor, and William Despard, Owners; ex parte William Beere Fox, Petitioner. v
| Jurisdiction | UK Non-devolved |
| Judgment Date | 14 November 1853 |
| Date | 14 November 1853 |
| Court | Privy Council |
Privy Council.
Ryan v. CambieUNK 9 Ir. Eq. Rep. 378.
Joyce v. JoyceUNK 10 Ir. Eq. Rep. 128.
Beere v. HeadENRUNK 3 Jo. & Lat. 340; S. C. 9 Ir. Eq. Rep. 76.
Hickson v. CollisUNKENRUNK 16 Ir. Eq. Rep. 554; S. C. 1 Jo. & Lat. 94; S. C., Re-h, 10 Ir. Eq. Rep. 447.
Ash v. Lower 1 Law Rec., N. S., 148.
M'Clintock v. Ash 2 Law Rec., N. S., 45.
Gardiner v. Blesinton 1 Ir. Chan. Rep. 64, 79.
Malcolm v. CharlesworthENR 1 Keen, 63.
Whitworth v. GaugainENR Cr. & Ph. 336.
152 CHANCERY REPORTS. 1853. Privy Council. In the Matter of The Estate of-ARTHUR SAMUEL JUDGE, a Minor, and WILLIAM DESPARD, Owners; Ex parte WILLIAM BEERE FOX, Petitioner.* (Judicial Committee of the Privy Council.t) March 31. Tam was a petition of appeal from an order of the Commissioners Nov. 14. for the Sale of Incumbered Estates, bearing date the 8th of Decem Neither the suing out of an ber 1852. elegit nor the The e petition -stated the following facts :-In 1810 Arthur Judge appointment of a receiver was seised in fee of Ballysheil and other lands in the King's County; on a judgment not redocketed a judgment was entered up for 3000 penal sum against Arthur or revived as required by Judge, as of Trinity Term 1810, by Joseph Allen, which judgment the 9th G. 4, c. 35, will was assigned to Joseph Knight Carey and Henry Rose, on the 19th render it valid against a sub- of April 1817. That judgment was not revived or redocketed sequent pur chaser for until the 30th of October 1844. By deed, bearing date the 9th of valuable con sideration. August 1814, Arthur Judge, for valuable consideration, covenanted with Joseph Allen and his heirs that he would, before the 1st of November then next, convey the said lands to two trustees, to the use of himself for life, remainder to his first and other sons in tail, with a general power to him to charge 3000. In 1837, Arthur Judge became insolvent, and in November 1838, B. D. Keane was appointed his assignee. The life estate of Arthur Judge and the charge were sold and conveyed to William Despard, who, on the 8th of May 1844, conveyed them for value to the petitioner W. B. Fox. The petition was filed to raise the charge of 3000. In 1821, Joseph Knight Carey and Henry Rose sued out an elegit on foot of the judgment of 1810, and obtained a finding * Reported by E. S. TREVOR, Esq. t Before the Loan CHANCELLOR ; the Loan...
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