Land: CORK, In the Matter of the Estate of TERENCE FITTON
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Contributed by C.Hunt & Jane Sullivan
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IN THE COURT OF THE COMMISSIONERS FOR SALE OF INCUMBERED ESTATES IN IRELAND
CITY OF CORK
Sale on TUESDAY, the 17th day of NOVEMBER, 1857.
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In the Matter of the Estate of TERENCE FITTON, Owner; Ex parte DENNIS SHEA, petitioner.
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RENTAL, MAP, AND PARTICULARS
Of Five undivided sixth parts of the
Plot of Ground, being Part of the Lands of Evergreen,
In the
SOUTH SUBURBS OF THE CITY OF CORK,
As Demised by Indenture of Lease bearing date the 16th day of August 1826, containing 3 Acres, 1 Rod
and 20 Perches, Statute Measure, and producing an Annual Profit of £16 12s,7½d., held for lives
renewable forever,
TO be Sold By Auction,
BY THE COMMISSIONERS, AT THEIR COURT, HENRIETTA-STREET, DUBLIN,
On Tuesday, the 17th day of November, 1857, at the hour of 12 o'Clock,
IN ONE LOT
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For Maps, Details, and further particulars, apply at the Office of the Commissioners, No. 14,
Henrietta-street, Dublin; of THOMAS FRANCIS O'CONNELL, Solicitor, 71, Lower Gardiner-street, Dublin;
or of WILLIAM HONOHAN, Solicitor for the Petitioner, having Conduct of the Proceedings, No.34, South
Mall, Cork, and No.71, Lower Gardiner-street, Dublin.
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Browne & Nolan, Printers, 21, Nassau-street, Dublin.
OBSERVATIONS.
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By Indenture of Lease, bearing the date the 16th day of August, 1826, and purporting to have been
made between Cornelius O'Leary, of the Town of Kanturk, in the County of Cork, Medicine Doctor, and
Mary O'Leary, otherwise PURCELL, his wife; James PURCELL, of Gurteenard, in said County, Esquire,
and the Rev. James George PURCELL, of Foxborough, in the King's County, Clerk, of one part; and
Terence FITTON, of the City of Cork, Gentleman (the owner in this matter), of the other part - the
said Cornelius O'Leary and his wife, James PURCELL, and the Rev. James George PURCELL purported to
demise to the said Terence FITTON, "All that and those a plot of good ground, being part of the
Lands of Evergreen, in the south suburbs of the City of Cork, containing about 3 acres, 1 rood, and
20 perches, English statute measure, be the same more or less, in as full and ample a manner as the
said Terence FITTON then held and enjoyed the same, meared and bounded on the East by the Right Hon.
Lord Viscount Gort's Estate then in his possession, on the North by ground partly in the possession
of Lord Gort, and partly by ground in possession of the said Terence FITTON, on the West by ground
and the kitchen garden then in possession of the Rev. Edmond Stavelley, Clerk, and on the South by
the high road leading from Cork to Upper Douglas, and which ground to the front of the high road
only contains 20 feet, together with the ways, easements, &c." To hold the said demised Premises
unto the said Terence FITTON, for the lives of Edward Allen FITTON, eldest son of the Leesee, Lord
Boyle, eldest son of Henry Earl of Shannon, and the Right Hon. Lord Clarina, and the survivors of
them, with covenant for perpetual renewal, subject to the yearly rent of £5 10s. 10d., payable half
yearly, and to a renewal fine of 6d. on the fall of each life.
The said Indenture of Lease was duly executed by the said James PURCELL and the Rev. James George
PURCELL, who were entitled to five undivided sixth parts of the premises demised thereby; but it was
not executed by the said Cornelius O'Leary, or Mary his wife, (the said Cornelius O'Leary, in right
of his wife, the said Mary, being entitled to one undivided sixth part of the premises purported to
be demised by said Lease,) and five sixth parts of the said premises purported to be demised by said
Indenture of Lease, became thereby demised, subject to five sixth parts of the rent of £5 10s. 10d.
thereby reserved. The Premises now to be sold in this matter consist of said five undivided sixth
parts of the Lands of Evergreen, as demised by the said Lease of the 16th day of August, 1826,
subject to five-sixths of the rent thereby reserved.
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CONDITIONS OF SALE
FIRST - That the Purchaser shall not object, by reason of the said lease of the 16th day of August,
1826, having been executed only by the said James PURCELL and Rev. James George PURCELL, the Sale in
this matter being only of the five undivided sixth parts of the said Lands, vested in the said James
PURCELL and Re. James George PURCELL, and which they had power to demise.
SECOND - That the Purchaser shall not be at Liberty to require evidence of the Title of the said
James PURCELL Rev. James George PURCELL, or either of them, but shall assume that they had power to
demise five undivided sixth parts of the Premises, or object by reason of any Incumbrance affecting
their or either of their Estates.
RENTAL
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Of five undivided sixth parts of the Plot of Ground, being part of the Lands Of EVERGREEN, in the
South Suburbs of the City of Cork, as was demised by and described in Indenture of Lease, bearing
date the 16th day of August 1826, held for three lives, renewable for ever.
DENOMINATIONS
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Five undivided sixth parts of the plot of ground being part of the Lands of Evergreen, in the south
suburbs of the City of Cork, being "the Garden, Orchard and small Garden fronting the 'high road
from Cork to Upper Douglas"
Quantity of Land, Yearly Rent Gale Days
Statute measure, Reserved by Lease
per Commissioners
TENANTS NAMES Survey
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John O'KEEFE A. R. P. £ s. d.
and James O'KEEFE 3 1 20 25 10 0 25TH day of March
and 29th day of September
DEDUCT HEAD RENT -- -- -- 5 10 10
GROSS ANNUAL PROFIT -- -- -- £12 19 2
Net Annual Profit for the Five undivided sixth parts £16 12 7½
TERMS BY WHICH TENANT HOLDS
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Tenants under the Court of Chancery, in the Cause Petition matter of William MURPHY, Petitioner,
Terence FITTON, Respondent, under a Lease bearing date the tenth day of June, 1856, made by Atcheson
LYLE, Esq., Master in Chancery, to the said John O'Keefe and James O'KEEFE, for seven years, pending
the said Cause Petition Matter.
handwritten note
(The rent? stated in next column is paid for these together with other premises)
OBSERVATIONS
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The tenancy of the said John O'KEEFE and James O'KEEFE will be determined by the sale; and the
Purchaser will be entitled to the immediate possession of the premises, subject to the tenant's
emblements, and such right of entry (if any) as incident thereto.
DESCRIPTIVE PARTICULARS
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The Premises form part of the Lands of Evergreen, of the Spittal-Fields, and are within the City and
Borough of Cork. They are in the immediate neighbourhood of the Cork Union Workhouse, and the Cork
and Bandon Railway abuts on one corner of the premises. The premises are held by market gardeners
and are being tilled for supplying vegetables, are under garden culture, and may be considered as
gardens. The rent is punctually paid, and the tenants' rent is under the present letting value.
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Source: FHL# 0258795 Encumbered Estates - County Cork.