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High Court grants a well charging order and an order for sale in respect of certain lands, subject to the necessary modifications to reflect the fact that the sum declared to be well charged is confined to the principal and interest under the second and third loan agreements only, on the ground that: the plaintiff had failed to meet the condition precedent to the making of a well charging order and order for sale in respect of the first loan agreement as the term of the agreement had not expired, and there was no evidence of there being a right to demand payment of the principal monies.
Application for well charging order and an order for sale in respect of certain lands in Westmeath - application is made pursuant to a lien which has been registered as a burden on the title - the lien was said to arise from an equitable mortgage created by the deposit of title deeds with the bank who was the predecessor in the interest in the lien - the plaintiff did not exhibit the terms and conditions referable to one of the three loan agreements - no grounds of defence have been advanced in respect of the second and third loan agreements - Order 51 and Order 54 of the Rules of the Superior Courts - application for an order of sale pursuant to the inherent jurisdiction of the court - whether the condition precedent to the making of a well charging order and order for sale have been met in respect of the first loan agreement - court refuses to make an order in relation to the first loan agreement - order made in relation to second and third agreement.
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