Land: Sales in the Landed Estates Courts, Martin Versus Langdon 1859

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Ireland Genealogy Projects Archives
Kilkenny Index
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File contributed by: Mary Heaphy

LAND: SALES IN THE LANDED ESTATES COURTS, MARTIN VERSUS LANGDON 1859
	Judge Dobbs sat at 12 O'Clock yesterday for the sale of
	the following property.

MARTIN VERSUS LANGDON.In this case the Petition
prayed that the respondent should be compelled
tospecifically perform a lease of certain lands in the
County Kilkenny. Thesuit was instituted by the
assignee of an insolvent. From the statement
ofcounsel, 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 rentof £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.

Source:
8-7-1859, The Times.