Land: KILKENNY July, 8 1859. Sales in the Landed Estates Courts
Ireland Genealogy Projects Archives
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Contributed by Mary Heaphy
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8-7-1859 From the Times.

Sales in the Landed Estates Courts.

Judge Dobbs sat at 12 O'Clock yesterday for the sale of the following
property.

COUNTY KILKENNY.

MARTIN VERSUS LANGDON.

In this case the Petition prayed that the respondent should be compelled to
specifically perform a lease of certain lands in the County Kilkenny. The
suit was instituted by the assignee of an insolvent. From the statement of
counsel, it appeared that a lady named Miss Margaret Ryan, granted a lease
for 91 years, to a person named James Martin, a portion of the lands called
the "Pennefather Lot", situate in the County of Kilkenny, at a yearly rent
of £20. The agreement for the letting to Mr. Martin was by letter, and under
it he entered into possession, the letter was lost, and the chief question
in the case was, whether there was sufficient secondary evidence of the
existence of it. In pursuance of that letter, a draft lease was submitted to
the solicitor of Miss Ryan, but the draft, as stated by counsel was not
returned. In the course of a discussion in reference to the draft lease a
question arose as to whether the respondent Miss Langdon, who was then
possessed of the lands, would allow Mr. Martin to erect some buildings on a
portion of the land. Miss Ryan died in the year 1852 and the respondent Miss
Langdon succeeded Miss Ryan as owner. In the year 1851, the plaintiff, Mr.
Martin, became insolvent and an arrangement was made by his creditors to
allow him to remain in possession of his farm. After the respondent
succeeded in possession, a notice to quit was served upon Martin, which
however was not proceeded with. Martin becoming uneasy in reference to his
holding, got a new lease prepared, and through his Solicitor, called upon
Miss Langdon, to execute it, which she refused to do and the present
petition was filed accordingly. The respondent alleged she knew nothing
whatever of any agreement having been ever entered into between Miss Ryan
and Mr. Martin. A number of affidavits were made, counsel stated, clearly
showing the existence of the agreement in question.

Mr. Rogers. Q.C., on behalf of the respondent, stated that, by a deed of
1850, the lands were conveyed by Miss Ryan to the defendant. That deed
contained a covenant that the lands were subject to certain changes and
incumbrances contained in the deed. After the execution of the agreement,
the encumbrances were paid off by Miss Langdon. In 1855 a notice to quit was
served on Martin, and then, for the first time, he alleged there was a
contract between himself and the former owner of the lands of which the
present owner knew nothing, and called on her to execute a new lease. Under
the circumstances of the case he was satisfied his Lordship would not grant
the prayer of the petition.

The Chancellor said he thought it was a case in which specific performance
should be granted.