Newspapers and journals: Court of Exchequer: Dublin
Southern Reporter and Cork Commercial Courier - Tuesday 09 May 1837Law intelligence
Court of Exchequer: Dublin
Lessee Gumbleton v. Lambert
Mr Thomas Kennedy moved for an order to set aside the habere which was executed in this case, and for a writ to restore John Lambert to the possession of the lands of Marston, in the county of Cork. The affidavit of John Lambert stated that Johanna Lambert, his mother, held sixty-six acres of land, under an article of agreement, from Henry Connor Gumbleton, the father of the lessor of the plaintiff, and that Richard Henry Gumbleton, his eldest son and heir, after his death, brought an ejectment for non-payment of rent against the lands; that Johanna Lambert had taken defence, and upon the trial of the record in 1836 a verdict was had for teh plaintiff; that the plaintiff applied for a certificate for immediate execution, which was refused by the court. The affidavit further stated, that after the verdict Mr Gumbleton addressed a letter to Johanna Lambert, stating that if she and her son Garret would relinquish actions which they had instituted against them that he would forgive the arrear; and that in consequence of this proposal, an amicable adjustment took place, and Mr Gumbleton granted a lease of the lands of Marston to Johanna and her sons John and Thomas, for three lives, at a reduced rent; that, notwithstanding this arrangement, Mr Gumbleton arrested Johanna Lambert for the arrear, and on the 19th December last sued out a writ of habere, and turned her sons out of possession.
Baron Pennyfather: Why was not this application made sooner?
Mr Kennedy: The affidavit states the cause. Mr Gumbleton had obtained warrants against the Lamberts for resisting his bailiffs in executing the habere, and three of them were lodged in the gaol of Fermoy on the very day that the habere was executed. They were tried subsequently at the quarter sessions, and acquitted; but, in consequence of the distress and embarrassment which their expulsion had occasioned, they were unable to make any application during Hilary Term.
Baron Pennyfather: Take a conditional order, and let it be served on Mr Gumbleton.
Southern Reporter and Cork Commercial Courier
9 May 1837
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