Clare - Studdert Estate Eviction

Ireland Genealogy Projects Archives
Clare Index


File contributed by: Mary Heaphy

    From papers in the National Library, Dublin

Decree granted to Mary and Michael STUDDERT of Dromelihy, 
Co. Clare, for ejectment of tenant for non payment of rent, 
3rd Jan. 1882.

When a landlord wished to evict a tenant for not paying his 
rent he summoned him to court by a civil bill. If the court 
found that the tenant owed substantial rent,  "after all 
just and fair allowances" it "ordered the decree" that the 
landlord be put in possession of the holding through the 
agency of the sheriff. The main points of the decree are as 

1. The civil bill was issued by the landlords, Mary and 
Michael STUDDERT, against their tenant farmer Patrick 
MCGRATH of Dromelihy Westby.

2. MCGRATH was tenant of lands and premises at Kilmacduane 
on a yearly lease at the rent of £12. per annum.

3. The Studdert's claimed that one year's rent was owing.

4. The court found that MCGRATH was sole tenant of the 
property and that he owed a year's rent.

5. The court ordered the County Sheriff to put the 
Studdert's into possession of the property, - that is, evict 

6. The costs of the case and eviction came to £2.15. and the 
court ordered that McGrath's goods be seized to cover the 
costs, his goods were not necessarily all in Clare, so the 
order is to "The Several Sheriff's of Ireland".

7, Dated 3rd. Jan. 1882.

8. Signatures of C. KELLY, (Judge), R.V.O'BRIEN, (Clerk of 
the Peace), and J.B. MOLONY, (Solicitor.)

Normally the decree was given to the Sheriff for execution 
but as this one remained among the Landlord's papers it is 
probable that the eviction never took place, and that a 
settlement was made. There is no evidence as to why McGrath 
did not pay his rent; it may have been as a result of the 
agitation-the No Rent Campaign began in the October previous 
to the decree but in any case he should have paid half the 
rent before that.