Dublin, Wednesday – The Irish Land Commission convened under the jurisdiction of Mr Justice Meredith to address an appeal concerning the Colthurst Estate. The appeal had been filed by Mrs. Norah O’Connell of Tocr, near Kilfinane, Co. Limerick, contesting an order issued by the Estates Commissioners regarding the allocation of purchase funds for a property she occupied. This property, spanning 42 acres, was shared with Denis Rorke. The land was the subject of an agreed purchase under the Land Purchase Acts.
Ellen O’Connell, the appellant, held a 42-acre parcel under a judicial agreement with an annual rent of £18. She entered into an arrangement to buy this holding for £423. However, during the proceedings, it emerged that Denis Rorke was occupying around 6 acres of this property, paying an annual rent of £12 10s. Rorke presented a deed from November 1876 indicating that he had purchased 6 acres from the previous tenant, Lillis, for £140, while retaining the existing rent obligation. Subsequently, Lillis assigned the remaining portion of the farm to O’Connell, who was recognized as the tenant by the landlord, Sir George Colthurst. Rorke’s claim was not recognized by the landlord.
The Estates Commissioners determined that Rorke was a subtenant of the 6 acres under O’Connell. Consequently, they calculated that Rorke’s share of the purchase money should be £90, with the remainder, £339, attributed to the lands still in O’Connell’s possession. They further decided that O’Connell’s intermediate interest had no appreciable value and should be extinguished without compensation.
Miss O’Connell lodged an appeal against this decision, highlighting that she would be required to pay a larger annuity than her current rent. This was due to the fact that Rorke, who was paying £12 10s annually to her, would cease paying rent upon becoming the owner of his share. Representing Miss O’Connell, Mr Chas F Doyle (instructed by Mr Fox) presented her case. Mr P. D. Fleming (instructed by Mr Binchy) represented Denis O’Rorke, while Mr Longfield (instructed by Messrs. Exham and Son) acted on behalf of the landlord.
Mr Justice Meredith expressed reservations about the evidence presented, expressing doubts about Miss O’Connell’s stake in the matter. As a result, he adjourned the case to afford Miss O’Connell’s legal representatives an opportunity to present a comprehensive account of all facts and circumstances related to the case.
Limerick Echo – Tuesday 07 November 1905
