ROLLS COURT—YESTERDAY.
Walton v. Hedges |
Sergeant Lawson. with whom was Mr. O'Brien, moved in this
case for an injunction to restrain the respondent, the Hon. Mr. White Hedges,
from proceeding under a civil bill ejectment decree, against the petitioner, or
interfering with his possession. He stated that the petition was filed to obtain
the specific performance of an agreement for a lease, and it set forth that in
1798, Mr. Robert Hedges, of Macroom, in the county of Cork, and the Earl of
Bandon, who were jointly entitled in fee simple, made a lease of certain lands
to Thos. Walton, the father of the petitioner, for three lives, at £40 a year.
After the death of Thomas Walton, the petitioner and another of his sons divided
the land and occupied them separately ; and afterwards, in 1837, it was agreed
between them and Mr. Hedges, who had become solely entitled to the property,
that they should surrender the former lease, and take a new lease, each of his
portion for 99 years, or such terms as Mr. Hedges should please to give each,
paying himself the forty pounds rent. As a proof that this was a mere formal
proceeding, for the purpose of effectually putting and end to the former lease,
the petition stated that the process was served on the petitioner by the Rev.
Mr. Davies, a Protestant clergyman, who was then residing with Mr. Hedges. The
petitioner stated that Mr. Payne wrote the agreement in a book, and that in 1841
he gave the petitioner a copy of it, marked with his initials, and gave him
instructions in writing for the lease, which was to be prepared by Mr. Morgan,
the law agent of Mr. Hedges. A lease was prepared, but was not executed, owing
to the illness of Mr. Hedges, who died in 1841. The petitioner continued in his
possession, and he stated that previous to the agreement he had expended £800
in the erection of a mill and machinery on the premises, of which sum Mr. Hedges
had lent him £100 to be secured by a mortgage of the premises, and that he
afterwards expended £200 on the faith of the agreement. In 1851 he applied to
Mr. White Hedges, the respondent, who was the representative of Mr. Hedges Eyre
[sic], to execute the lease, but he stated that he was only a tenant for life ;
and that he was apprehensive he had no power to do so. Afterwards he directed a
case to be prepared for the opinion of the Recorder of Cork, which opinion the
petition stated was favourable to petitioner, and which he stated he sent to Mr.
Hedges, and which was not returned. In 1859 a notice to quit was served, and an
ejectment was brought at the Bandon Sessions, in which a decree was pronounced,
and the application now was to restrain the respondent from proceeding upon that
decree. |
The Master of the Rolls granted the order for the
injunction. |
No counsel appeared at the other side. |
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LANDED ESTATES COURT, IRELAND
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COUNTY OF CORK.
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Sale on THURSDAY, the 28th Day. of FEB., 1861.
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In the Matter of the Estate of |
EDMOND AHEARN, Owner ; DAVID CAGNEY and
MICHAEL CAGNEY, Petitioners. |
Pursuant to the order of hte Honourable Judge DOBBS,
Mr. ROGER BERNARD EVANS
will, on THURSDAY, the 28th day of February, 1861, at his Auction Saloon, SOUTH
MALL, CORK, at the hour of One o'Clock in the Afternoon of said day, set up by
PUBLIC AUCTION, in One Lot, FOUR well-circumstanced COTTAGES situate close to
the Town of MONKSTOWN, in the County of Cork, held for the residue of a term of
500 years from the 22nd February, 1840, at the Annual Rent of £20, and yeilding
at present a clear Profit Rent of £28. |
Dated this 22nd day of January, 1861. |
C. E. DOBBS, Examiner. |
The foregoing Property consists of a piece or plot of
Ground upon which Four well-circumstanced cottages have been built, and upomn
which a large sum of money was expended in erecting and finishing. They are at
present held by Yearly Tenants at very moderate rents, are contiguous to
sea-bathing within a short distance of the Pier at Monkstown, and command an
extensive view of Cork Harbour. |
The biddings taken by the Auctioneer, as above, will be
submitted to the Honourable Judge Dobbs, at his Court, Inn's-quay, Dublin, on
Monday, the 4th of March next, without further notice to any person. |
For Rental and all further information apply at the Office
of the Landed Estates Court, Inn's-quay, Dublin ; |
to HATTON R. O'KEARNEY, 73,
Lower Leeson-street, Dublin ; or to
WILLIAM RICHARD COPINGER,
Solicitor for the Petitioner, having car-
riage of Sale, 54, South Mall, Cork. |
|
A PRIVATE in the Royal Artillery named Wm. M'Oboy,
stationed at Ballincollig, was recently tried by Court- martial, on a charge of
having committed a crime of too disgraceful a character for publication. He was
convicted, and sentenced to receive fifty lashes, to be expelled from the army,
and to be imprisoned for twelve months, with hard labour. The flogging and
expulsion took place in the square of the Cork Barrack on Monday. |
—————— |
REPRESENTATION OF DROGHEDA—DROGHEDA,
JANUARY 29.— A paragraph having appeared in one of the
Dublin morning papers to the effect that in case Mr. O'Hagan was appointed
Attorney-General, the member for this borough, Mr. James M'Cann, would resign to
create a vacancy for the former gentleman ; however welcome the exchange would
be to so many of the electors, yet the rumour, I understand need not be relied
upon. It is considered as entirely devoid of foundation against Mr. M'Cann's
warmest supporters in Drogheda. Besides, Mr. M'Cann gave a pledge at the last
election to the constituency that he would never resign without giving them
three months' notice to that effect.—Saunders' Correspondent. |
Thomas Neilson Underwood, Esq., and Timothy O'Brien
O'Feely, Esq., L.L.D., of the Queen's University in Ireland, were called to the
English Bar on Saturday. |
The Grand Canal Company's steamers are about to ply on the
Shannon, between Athlone and Killaloe. |
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BIRTHS |
January 26, 1861, at the Old Barracks, Fermoy, the wife of
Capt. Owen Davies, 11th Regiment, of a daughter. |
January 26, at Tramore, the wife of William Morris Keane,
Esq., of a daughter. |
January 28, at Spire View, Rathgar, the wife of George W.
Boyd, Esq., of a daughter. |
January 29, at the Bank, Castle-street, Dublin, the wife
of Benjamin Bannan, Esq., of a son. |
At 27, Mountjoy-square, East, Dublin, the wife of Alderman
Campbell, of a daughter. |
January 23, at Kilcornan Glebe, the wife of the Rev. John
Thomas Waller, of a son. |
January 27, at Grove Lodge, Blackrock, Dublin, the widow
of the late Thos. Crookshank, of Toome House, Esq., of a son. |
On the 26th inst., at Rose Villa, Roundtown, the wife of
Wm. Andrew Hayes, Esq., of a son. |
On the 29th instant, at the Bank House, Castle-street,
Dublin, the wife of Benjamin Hannan, Esq., of a son. |
On the 29th inst., at his residence, No. 20, North
Frederick-street, Dublin, the wife of Henry Hitchcock, Esq., solicitor, of a
daughter, |
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MARRIAGES |
On the 29th inst., by the Rev. T. B. Jones, at St.
Peter's, in this city, Benjamin Hosford, Esq., of Farumareen, to Eliza Jane,
youngest daughter of the late Mr. Bullen, of Bandon. |
On Saturday, the 26th inst., at St. Peter's, Eaton-square,
by the Hon. and Rev. Edward Grimston, H.S.H. Prince Victor of Honenlehe
Langenberg, Captain R.N., to Laura Williamina, youngest daughter of Admiral Sir
Geo. F. Seymour, G.C.B. |
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DEATHS |
On the 25th inst., at Waterpark, Waterford, Sarah M., aged
one year, and on the 27th inst., Wm. Howard, aged two years, children of J. P.
Graves, Esq. |
On the 29th inst., at 33, Rutland-square, West, after a
painful and tedious illness, in the 29th year of her age, Maria, the beloved
wife of Wm. James Sidney, Esq., and daughter of the Rev. L. G. Macdonnell,
Rector of Glankee, county Tipperary. |
On the 5th of September, 1860, at Gawler, South Australia,
Esther, the beloved wife of Dr. Wm. Home Popham, and third daughter of F. W.
Vant, Esq., of Eliston Cottage, Plumstead Common. |
——<•>—— |
THE TIPPERARY ARTILLERY.—Three
companies of this corps left by train to-day, for Cahir, under the command of
Captain Quin. |
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HOUSE TO BE LET.
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MARK O'BRIEN being about to make a change in
his business, will Let his House in Cork for a respectable Wholesale and Retail
Trade. |
There is an extensive Store to the rere of the House, with
a Carriage entrance from King-street, which can be Let either with or without
the House. |
Apply to MESSRS. ADAMS
and JULIAN, Solicitors, South Mall ; or to Mr. O'BRIEN,
on the premises. |
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