Land: Margaret KENNEDY vs. Edward PENNEFATHER

Ireland Genealogy Projects Archives
Tipperary Index


File contributed by:  Mary Heaphy


July 23rd 1862. Record Court. (Ref. to County Tipp.)

The Lord Chief Baron took his seat at half-past ten O'clock. 
His Lordship than proceeded to try the ejectment case of 
Margaret KENNEDY versus Edward PENNEFATHER and others, which 
did not present any peculiar interest. It was an action to 
recover portion of the lands of Glencross, in this county, 
which was demised by the defendant, Mr. Richard PENNEFATHER 
of Marlo, to the father of the plaintiff, who, with her 
sister, the other heir-at-law, is a ward in Chancery.

Counsel for the plaintiff, Mr. Serjeant ARMSTRONG, Q.C. and 
Mr. J.B.MURPHY, Agent-Mr. S. WALKER. For the defendant, Mr. 
J.E. WALSHE. Q.C. and Mr. C.H. TANDY. Agent-Mr. S. WALKER.

Mr. MURPHY stated the facts for the Plaintiff. When the 
lease made to the minor's father, and other documents were 
put in evidence, in order to show that the interest in the 
freehold was not affected by a decree which was given at 
Cashel Quarter Sessions in Jan. last, by Mr. Serjeant 
HOWLEY, against a man named LAMB, the step-father of the 
wards of court, but who has since emigrated to America.

Mr. WALSH Q.C. addressed the jury for the defence, which 
was, that under the ejectment in January, possession of the 
land was given up by the late tenant, in whose name the 
receipts for rent has been drawn for several years past.

The Court held that, in point of law, the last tenant, LAMB, 
was a mere stranger to the freehold, and having left the 
case with the jury, they found a verdict for plaintiff, with 
6d. Costs.

Mr. WALSH Q.C., said that in order to waive all further 
litigation between the parties, his client was willing to 
give immediate possession to plaintiffs, on payment of the 
rent then due, with a sum of £25 for cropping the lands.

This arrangement was accepted by counsel on the other 
side-the present verdict being allowed to stand.