Walsh v Wightman
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1927 |
| Date | 01 January 1927 |
| Court | Court of Appeal (Northern Ireland) |
Forfeiture - Breach of covenant - Notice - Conveyancing and Law of Property Act, 1881 (44 45 Vict., c. 41), s. 14 (1) - Rule against perpetuities - Repugnancy.
By an indenture of fee-farm grant dated 14th July, 1880, certain lands were conveyed by the trustees of the S. Estate to trustees nominated by and on behalf of the Presbyterian Congregation of S. in connection with the General Assembly of the Presbyterian Church in Ireland. The grant contained covenants for the building of a manse on the land granted, the manse to be for the Presbyterian congregation of S., and numerous provisions regulating the use of the building as a manse only, and only for the benefit of the S. congregation, while it continued to exist as such. It was further provided that if the congregation should cease to be in connection with the General Assembly, or should become united with any other congregation or cease to exist as a separate and independent congregation the grant should become absolutely null and void, and a power of re-entry was reserved to the grantor. The plaintiffs served upon the defendants a notice demanding possession of the premises within ten days on the ground that the grant had become null and void by reason of the union of the congregations of C. and S. The trial judge found as a fact that the Committee on Union of the General Assembly had power to effect a union between the congregations of C. and S., and that this had been carried out in accordance with the terms of their report. On case stated by Moore, L.C.J., in proceedings by way of civil bill for recovery of possession of the premises:Held, by the Court of Appeal (Andrews and Best, L.JJ.), that a sufficient notice under s. 14...
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