HC Deb 16 June 1856 vol 142 c1495

said, he wished to inquire of the right hon. Gentleman the Chief Secretary for Ireland whether the attention of Her Majesty's Government had been called to the recent decision of the Court of Queen's Bench in Ireland, in the case of "Errington v. Rorke," in which it was held that a purchaser under the Incumbered Estates Court was bound by a previous lease not mentioned in the conveyance to him from the Commissioners; and whether it was the intention of Government to introduce any measure to set at rest the doubts created by that decision as to the indefeasibility of the title conferred by the Commissioners?


said, the attention of the Government had been drawn to the recent decision in the case referred to, which they deemed one of great importance. Hitherto it had been supposed that an estate purchased in the Incumbered Estates Court brought with it a title good and valid against the world. It certainly was the intention of the Legislature and the understanding of the public that such should be the case; and on the faith of that understanding large purchases were made in that Court. The decision referred to was, however, at variance with that intention, and was calculated to create apprehension and alarm amongst those purchasers. The Government had had their attention called to the subject with a view of taking such course, as would obviate the alarm consequent upon that decision.