Reports of One Hundred & Ninety Cases in the Irish Land Courts [1861-1876]; With Preliminary Tenant-Right Chapters

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But in 1847, when the property was given up by Mr. M'Mullan, no tenant-right existed on that estate, and therefore there was no tenant-right for Major Waring to acquire. Then we come to 1851, and upon that occasion, Major Waring, being in possession of the lands, and there being no usage of tenant-right whatever existing on the estate (for it was only began to be established by Mr. M'Cartan in 1851), makes a lease to Humphreys, and gets a fine. That was enough to show at all events that in 1851... these lands were worth £80 a-year ; for if the tenant was to pay £70 a-year, and to give a fine of £150, that was equivalent to an admission that the land was worth £80 a-year. That being the state of things in 1851, Mr. Humphreys, in 1861, proposes to sell his interest to the present claimant, for a very extravagant sum — namely, £600, and £50 for gates, &c. Now, what took place on that occasion ? Samuel M'Cullough, the person who negotiated the sale for the claimant, tells us what took place between himself and Major Waring, who is now dead.

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