| Title: | John James Murphy to Martin Murphy, 3 May 1881 |
|---|---|
| ID | 4158 |
| Collection | Argentina - Murphy |
| File | murphy/133 |
| Year | 1881 |
| Sender | Murphy, John James |
| Sender Gender | male |
| Sender Occupation | cattle breeder |
| Sender Religion | unknown |
| Origin | Juliamount |
| Destination | Haysland, Co. Wexford, Ireland |
| Recipient | Murphy, Martin |
| Recipient Gender | male |
| Relationship | brothers |
| Source | |
| Archive | |
| Doc. No. | |
| Date | |
| Partial Date | |
| Doc. Type | |
| Log | unknown |
| Word Count | 718 |
| Genre | inheritance, legal affairs |
| Note | |
| Transcript | Juliamount Dear Brother, I had the expected instructions with Huggard today. He seem most anxious to defeat Harrington in his proceeding. The enclosed is his answers to the questions submitted to him. Apart from that he tell me we can make a capital thing out of the Lease, he say the Sheriff has no power to sell a freehold which a Lease of said is constituted, and has suggested the following. Let the place be put up and to run the bidding to within £2 or £3 of amount of costs and all, and then let them take it. Then it won't be worth while for them to seize for the £2 or £3 they are short. Therefore the debt is paid by themselves all but the £2 or £3, and they then proceed for possession in the forms explained in the sheet. James will then at the sessions or assizes as may he presents his Lease, which make the whole proceedings gone into only a bottle of smoke and came out with the debt paid by the Landlord himself, all best the £2 or £3. This scheme afford ample time to recover the crop and secure every thing about as. In your case he say it will be more difficult to secure the crop. He recommend the bidding on the same scale as in James case. If your valuation is over £30 he had to difer till the assizes before serving you with an ejectment. Then he say by appealing you past him off till about October, leaving you time to secure the crop. There may be other points in your case that can be made use of, as he enquired very particularly if my Father made a Will or if you inherited the place by Will, or did you administer to the Will. He seemed to be anxious to find some point that would remove your Claim to the place. But I could not answer his questions about the Will and administration, so we have to see him on Friday before going to Court. Bring in with ye both all the papers or deeds that ye both hold concerning the place. I firmly believe Huggard is determined to defeat Harrington and the Landlord if he can. Therefore, taking these points with consideration I think we can make a splendid stand. But be careful to keep the whole scheme strictly private. Otherwise the Landlord may checkmate us by proceeding a different way. Come in early on Friday, and come up here direct. There will be no time after meeting the men at the Hotel, and seeing Huggard to do so. We can have a snack here before going down, say at 11 o'clock, the hour named. Tell James to bring in the Notice paper he got of the sale. I have yours here. I enclose a letter from Mickey today. No more news about. All well, don't forget Leases and all. Your Dear Brother, John [Enclosure] A Tenant holding a Lease whose Interest is bought by the Landlord, at a Sheriff sale. 1st. When can he be dispossessed & by what means? 2nd. If he has a right to crops sown, or by what means he can secure them? 3rd. Has he power to redeem the place, & what time? 4th. In what position does a Tenant stand under the same circumstances, that hold no Lease? Answer to 1st query. By an Ejectment on the title at next or subsequent assizes & if Poor Law Value under £30. At Quarter Sessions. 2nd query. Tenant has no right to crops as it is all his interest in lands which is sold. 3rd. No, being a sale of his interest it becomes the absolute property of the purchaser. 4th. No difference. If Tenants sold for any amount less than the amount demanded by Sheriff [21 Irish acres] on the Execution, the Sheriff can seize & sell at any time any other property of the Execution Debtor to make up such deficiency. But if the tenant's interest sells for more than the amount due on the execution for debt, costs & expenses, the Sheriff must pay the surplus to the Debtor. 4th May 1881 Martin Huggard Solicitor Wexford [rubber stamp impression] |
