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High Court, in special summons proceedings, grants plaintiff a well-charging order over defendant's interests in certain lands in County Laois, on the grounds that the plaintiff is holder of three judgment mortgages registered against the defendant's properties, and the defendant's claim that he is 'practically insolvent' is not established on the evidence.
Special summons - judgment mortgages - application for well-charging orders in respect of three judgment mortgages registered by plaintiff against first defendant's interest in various lands in County Laois - defendants allege lands comprise their family home and continued occupation of their residence is required for their families and children - defendant has failed, following repeated demands, to discharge amounts due and owing to plaintiff - defence - defendant's insolvency and sums charged exceed value of lands - disputed by plaintiff - whether proceedings properly before the court and brought for an ulterior motive only to embarrass the defendant - no evidence presented to court as to how plaintiff was allegedly to apply credits and interest charges to defendant's account - no evidence of such contract between parties - arguments not made at summary judgment proceedings - documents produced on date of trial for first time - second defendant has no standing to sue on foot of agreement she was not a party to - law on registration of judgment mortgages - defendant's alleged insolvency cannot be assessed by court as no evidence presented - certain markings and interlineations on plaintiff's affidavits are not determinative of the claim - whether court should exercise its statutory discretion to make orders over properties with several/joint tenants - principles to be applied in exercising such discretion - plaintiff no longer seeking order for sale over family home - lands co-owned by defendants as joint tenants - no evidence presented by defendant to establish his alleged 'insolvency' - well-charging order granted.
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