In the High Court of Justice in Ireland, Chancery Division: Land Judges, (Late Landed Estates Court) COUNTY OF MONAGHAN. SALE ON THURSDAY the 18TH day of March, 1880 In the matter of the estate of JOHN WALLACE MCCULLAGH[1] and JOSEPH DICKEY[2], Trustees of the will of JAMES MCCULLAGH[3], deceased, Owners and petitioners. Continued in the name of said JOHN WALLACE MCCULLAGH, surviving trustee. Rental, maps, descriptive particulars, and conditions of sale OF PART OF THE LANDS OF DRUMMUCK[4] In said county, containing 93a. 3r. 30p. statute measure, held in fee simple – and Part of the lands of Ednafirkin[5], Containing 33a. 0r. 19p. statute measure, held under Fee-farm grants, and situate in the BARONY OF CREMOURNE AND COUNTY OF MONAGHAN, TO BE SOLD BY AUCTION, IN TWO LOTS, AT STRATTON’S HOTEL, BALLYBAY, IN SAID COUNTY, ON THURSDAY, the 18th day of MARCH, 1880, at the hour of 12 o’clock Noon. The Biddings will be submitted to the Judge for approval on Monday, the 22nd day of March, 1880 at the Court, Inns’ Quay, Dublin, without further notice to any person. Private offers for either of the Lots will be received by the Solicitor having carriage of the sale, up to the 4th day of March, 1880, but not afterwards; and if deemed sufficient, will be submitted to the Judge for his approval. For rentals and further particulars apply at the Registrar’s Office of the Land Judges Court, Four Courts, Inns’ Quay, Dublin; or to THOMAS COULTER DICKEY[6], Solicitor having carriage or sale, 12, Lower Ormond Quay, Dublin and Omagh, County Tyrone.

W. WARREN, Law Printer 15, Lower Ormond Quay, Dublin

 

Tenure of different lots.

 

LOT No. 1

 

This Lot is held in Fee-simple, but is subject to perpetual yearly rents charged of £30 late Irish currency equivalent to £27 13s. 10d. present currency, payable out of part of the same by half-yearly gales, on every 1^st May and 1^st November, which was created by an Indenture of Marriage Settlement,  dated 29^th April, 1811 and which settlement contains powers of distress in case of nonpayment of said perpetual annuity or rent charge.  They are also subject to an annuity, late Irish currency, equivalent to £36 18s. 5 1/2d. sterling, for the life of Mrs. Eliza McCULLAGH[7] widow of James McCULLAGH, deceased, now age 71 years, payable out of either portion of said lands during her life, created by a Marriage Settlement bearing date 7^th March, 1825[8], and with like powers of distress in case of nonpayment of same half-yearly on every 1^st May and 1^st  November.

 

LOT2 No. 2.

This is Lot held by two indentures of Fee-farm grants (under the provisions of the Renewable Leasehold Conversion Act).  The first bears date the 29^th November, 1856, and is made between Thomas McCULLAGH[9] of the one part and James McCULLAGH[10] of the other part, whereby the said Thomas McCULLAGH under the provisions of said Act granted unto the said James McCULLAGH, his heirs and assigns, that part of the town and lands of Ednafirkin in the original lease therein mentioned and described, then in the occupation and possession of said James McCULLAGH containing 20 acres Irish plantation measure, be the same more or less, situate in the Townland of Ednafirkin, Parish of Tullycorbett, Barony of Cremourne, and County of Monaghan.  Excepting and reserving out of said grant unto the said Thomas McCULLAGH, his heirs and assigns, all mines and minerals of every kind, with liberty of ingress and egress for the said Thomas McCULLAGH his heirs and assigns and to dig search for and carry away the same.  To hold the same premises with the appurtenances unto the said James McCULLAGH, his heirs and assigns forever, subject to the yearly rent of £23 4s. 1d., payable on every first May and first November.

 

Tenure of Lot 2 continued

 

            Covenant by grantee to pay rent above taxes.

 

            Clause of distress and re-entry in case of nonpayment of rent.

 

            Covenant by grantor for quiet enjoyment.

 

The owners portion of the land demised by this grant contains 31a. 3r. 23p and the rent paid therefore is £22 17s. 1d.

 

The second fee-farm Grant bears date the 7^th of November 1863 and is made between Henry Aitkens Newell AITKENS[11], of the one part, James HAMILTON[12] and Thomas HAMILTON[13], and James McCULLAGH and David LYSTER[14], of the other part, whereby the said Henry Aitkens Newell AITKENS, for the considerations very mentioned under the provisions of the renewable leasehold conversion act, they grant unto the said to James HAMILTON Thomas HAMILTON, James McCULLAGH, and David LYSTER, their heirs and assigns, that part of the town and Lands of Ednafirkin as formerly in the possession of the said Alexander HAMILTON, containing 20 acres, Irish plantation measure, part of the Townland of Ednfirkin, be the same more or less situate in the Barony of Cremourne and County of Monaghan.  Excepting and reserving all mines and minerals of every kind, with liberty of ingress and egress to take, search for and carry away the same.  To hold the said premises with the appurtenances unto the said James HAMILTON, Thomas HAMILTON, James McCULLAGH, and David LYSTER, their heirs and assigns forever, according to their respective estates and interests therein, subject to the yearly rent of £15 10s. 0d., payable moietively on first May and first November, in each year.

 

            Covenant to pay rent.

 

            Power of distress and reentry in case of nonpayment of rent.

 

            Covenant for quiet enjoyment.

 

The portion of said lands formerly in possession of the said James McCULLAGH, deceased, and now of the Owner in this matter is 1 acre and 36 perches what will be sold subject to the proportionate head rent of 11 S.  5 ½ d., yearly.

See Conditions of sale.

 

GENERAL DESCRIPTIVE PARTICULARS

 

The Estate comprised in this Rental is situated in the Barony of Cremourne, County of Monaghan, within about 2 ½ miles of Ballybay, an excellent market town, and one of the stations of the great Northern Railway Co. of Ireland, and the junction of the Cootehill branch.

 

The lands which are situated in the center of one of the best flax growing districts in the north of Ireland are almost all arable and permanent meadow, and are a high state of cultivation.  Upon Lot No. 1 a new slated dwelling house has been lately erected and the office houses are good and suitable for the holding.

 

The lands are all well circumstanced as regards country roads, almost every field has a plentiful supply of water for cattle, and there is an abundant supply of turbary, which is elsewhere very scarce, and lets at very high rents in the neighborhood, being so near Ballybay, and within easy distance of Clones, two of the principal fair and market towns in the county, and being all in the owner’s possession, they afford a valuable investment to purchasers who may wish to buy, not merely in Fee-simple, but also the tenant right interest in the lands.  The tenant right interest alone sells in the neighborhood of Ballybay at a price sometimes exceeding 10 years purchase of the rental.  The farm is well-known as the best in the neighborhood for grazing purposes and is particularly free from every kind of cattle disease.

 

Lot No. 1

This lock is held in fee simple, subject only the charges set out in the rental and affords opportunity to tenant farmers of obtaining a compact and excellent farm of land.

 

Lot No. 2

Lots number two is held, with other portions of Ednfirkin, under two separate Fee-farm grants.  The rent payable by each tenant had been settled and ascertained for many years, so that practically the purchaser has only to pay a rent charge out of them.

 

CONDITIONS OF SALE.

 

1. The purchaser shall not be at liberty to object, or be entitled to be discharged, or claim compensation, by reason of any trifling error or variance in the rental as to quantity of land or rent.
2. Several lots will be sold subject to the rights and easements stated in the rental.
3. The rights of mill owners, and all other persons, in respect of the streams or watercourses bounding or intersecting the premises, will be preserved in the conveyances to the purchasers.
4. The right of the public to use the county roads and bounding or intersecting the lands, will be preserved in the conveyance to the purchaser.
5. The purchaser of No. 2 shall not be at liberty to require any evidence of the title of the Lessors and the several original leases or grantors in the two Fee- farm Grants, dated respectively the 29^th day of November, 1856, and 7^th November, 1863, under which same, with the other portions of the said Lands are held, or held to object by reason of any encumbrances affecting Lessors or Grantors interest in the same respectively,
6. The lands comprised in lots number two will be sold liable, in conjunction with the other parts of Ednafirkin comprised in said Fee-farm Grants respectfully, to the whole of the rents reserved in each Fee-farm Grants respecively: but with such right of contribution out of the other portions comprised in said grants, and not sold in this matter, as at present exist and is just.  The amount stated in the rental is the contribution settled on and heretofore payable and paid.

 

Certified copies of the settlements of 29 April, 1811, and 7^th March, 1825, mentioned in the particulars of Tenure of Lot 1 will be handed to the purchaser of Lot 1.

 

Copies of the following deeds, set forth on the abstract of title, will be handed to the purchasers, and accepted by them in lieu of the originals thereof, viz. :

 

            LOT 1  --         Deed of Partition dated 21^st June, 1849.

            LOT 2 --          Lease dated 27^th December, 1796.

                                    Lease, he dated 4th of March, 1812.

                                    Memorial of deed, dated 29 April, in 1830.

                                    Fee-farm Grant, dated 7th November, 1863.

 

No on Map	Denominations	Tenants, Names	Estimated Yearly Value	Quantity of land Statute measure	Rights of common, or of cutting turf, rights of way, and other easements admitted to exist.
1,1a, 1b	DRUMMUCK (part of,) In the Barony of Cremorne And County of Monaghan	In the Owners possession …	£      s.   d. 145  0   0	A.R.P. 94.3.30	The right of the public to use the country roads which bound or pass through the Estate, as delineated on the next map, and marked thereon “country road”, will be preserved.   The stream lettered F E H on map, supplies the water power to Mills below the Estate, and is the tail race of a Mill above it, and the owners have no right to dam, divert, or diminish the water.   The rights of all persons in respect thereof, and in respect of the stream lettered H. H. on map and in respect of all other streams or water courses following through or bounding the lands, will be preserved in the conveyance to the purchaser as they at present exists.   See conditions of sale.

 

As stated in Conditions of Sale, these lands are liable to a perpetual annuity of £30, late Irish currency, equivalent to £ 23 13s. 10d. stirling, and to an annuity of £40, sterling for the life of Mrs. Eliza McCULLAGH, now aged 71 years; they are also liable to £3 8s. 1 1/2d. tithe rent charge.

 

The ordinance valuation of this lot is £90 10s.

 

Lot No. 2

Part of the lands of EDNAFIRKIN in the Barony of Cremourne County of Monaghan,

Containing 33a. 0r. 19p. \ statute measure, held with other portions of said lands under Fee-farm grants, dated respectively 29^th day of November, 1856, and 7^th November 1863.

 

No on Map	Denominations	Tenants, Names		Estimated Yearly Value	Quantity of land Statute measure		Rights of common, or of cutting turf, rights of way, and other easements admitted to exist.
1,1a, 1b	EDNAFIRKIN (part of)	In the owners possession		£      s.   d. 60    0    0	A     .R.      P. 31     3        2    1     0     36		The right of the public to use the country roads, which bound or pass through the Estate, as delineated on the annexed map, and marked their own country road, will be preserved.   David LYSTER, a tenant of adjoining lands, has a right of way on foot, and with horses and vehicles and cattle, from the point A on the country road to the point R on the Lane, marked on the annexed map.   The representatives of Thomas Boyd, tenants of adjoining lands, had a similar right-of-way over the same Lane, from A to C on annexed map, and William BROWN[15] and James BROWN[16], tenants of adjoining lands, have each a similar right-of-way from A to the end of the lane at D., on annexed map.   The stream lettered S. E. H. on map, supplies the water power to the mills below the Estate, and is the tail race of a mill above it, and the owners have no right to dam, diverge, or diminish the water.   The watercourse lettered G. H. each day, Hb, Hc, Hd, Hi on the map drains the lands of Ednafirkin, which adjoins this estate, and the owners have no right to dam it, or to alter it anyway that would obstruct or retard the drainage of said lands, and generally the existing rights of all persons in respect of the streams and watercourses flowing through or bounding the lands will be preserved.
Estimated yearly value						£60 0 0
Deduct head rent payable under fee farm grant disproportion table out of part of lands not for sale   Head rent payable under fee farm grant of seven November, 1863   Less proportion payable out of part of the lands not for sale   Estimated net rental			£23.4.1      0.7.0              22.17.1     £15.10.0     £14.18.6 ½                0.11.5 ½			23.8.6 ½ £36.11.5 ½

 

 

See conditions of sale.

The ordinance valuation of these lands is £25 15s.