Co. Dublin Land Case

Co. Dublin Land Case

18 Jan 1905

Yesterday Mr. Justice Fitzgerald; with Mr P. Callan as assessor, sat in the Receivers Court, four Courts, and continued the hearing of county Dublin fair rent cases.

Mary Ida Clayton tenant; Sir Frederick Shaw landlord.

The tenant holds 22s. 1d 13p of the lands of Perrystown of which the valuation was £73 1s and the rent £125.
She appealed for an order dismissing her originating note on the ground that the lands were incorporated with her demense of Kimmage House.

Messrs TM Healy KC, MP and DM Walker(instructed by Messers Hayes and Sons) appealed for the tenant.

Messrs JAmes Chambers K.C. and Garrett WAlker instructed by James Gordon and Son) appeared for the landlord.
Mr Healy said the holding was originally in a holding of the late Sir Frederick Shaw. He held two holdings; of Perrystown he was tenant for life and he held Kimmage House on which the residentce related and which adjoined Perrystown, under a fee farm grant from Mr. Felix McCabe. They were held from two seperate landlors and the question was could Frederick Shaw make this into the into the demesne of another landlord. Did he incorporate this into the demesne of another landlord and if he did could not the tenant understand it? It must be under the 5th section of the Act of 1896, a demense at the time of the making of the application, so that even a dismissive from demesne to-day would be estopped to a fresh application tomorrow if it was understood in the meantime. The two holdings were sold in the Landed Estates Court in the matter of the estate of George Shaw GB to Mr Ernest Wilmot Chetwode in 1878 Chetwodes interest was afterwards sold in the Landed Estates Court to the Scotish Ami? Insurance Company for £1500. They sold it for £1000 to Charles E Johnson in 1893. Mr Johnson sold to the present tenant Mrs Clayton of Kilmacud Stillorgan for £3,620. Kimmage Manro was admittedly a gentleman’s residence, but it is run down and Perrystown was now used for dairying and salting of mills. The two holdings were separated by the Poddle River over this there was a bridge. There was no demesne wall round Perrystown and she had of the bridge that the gardens were in Perrystown and not, counsel submitted, constitute an incorporation with the demense. The tenant took Kimmage Manor as a residence for herself, and Perrystown for the purpose of setting her son up in business as a dairy farmer. Why should Sir Robert Shaw counsel said get the benefits of improvements made on Mr McCabe demense? Sir Robert Shaw wanted to “barnacle” himself on to the interest of Mr. McCabe as a parasitic demesne owner. A covenant to keep up a greenhouse on agricultural fam did not prevent the tenant from undemesning that farm. Mt Thomas Clayton, the son of the tenant, said the land was used for grazing dairy cows and tillage. There were the remains of a garden, about three-quarters of an acre, on the land. No use was made of the greenhouse. There was a gate lodge, and an avenue on the land going up to Kimmage House but the entrance on the Whitehall road was the one that he used principally as it was shorter.

To Mrs Chambers – There was three bridges across the Poddle. There was an ornamental timber on the land, he had cut down some beech and other trees. Hos father was a director of Brooks Thomas and Co. Witness kept dairy cattle and sold milk in town. He took other land from Sir Frederick Shaw for grazing.
Mt P J O Connor, auctioneer and valuer of Queen street said the surrounding land was used for tillage and grazing and fair rents had been fixed on lands near the town. The holding consisted of three fields two of which were in the first crop this year. The other was laid down ready for seeding. It had all the appearance of an ordinary agricultural farm used as such.
Mr. Walker submitted that wholly irrespective of the question of demesne the lands of Perrystown were no agricultural. Sir Frederick Shaw, the Recorder had lived in Kimmage House up to his death using Perrystown as part of this demesne.
Mr Samuel Gordon, solicitor for the landlord, gave evidence as to the dealing with the title of the land. Sir Frederick Shaw and Mr JJ. Graw of Messrs. University and Co.were examined as to the physical aspects of the holdings.
Judgement was reserved.

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