The Sun.
London, England, 1857-04-09 00:00:00

IRELAND.

DUBLIN, TUESDAY..
IMPORTANT JUDGMENT.-THE INDEFEASIBILITY OF
AN ENCUMBERED ESTATES COURT TITLE.

For a considerable period the case " Errington
v. Roke" has excited the utmost attention on this
side of the water. It has also been made the sub-
ject of discussion in the Legislature. The matter
was this :—Pla;ntiff rested his absolute claim to
lands purchased in the Encumbered Estates Court
in 1853 on the Parliamentary title which he had re-
ceived from the Commissioners. A portion of the
ground which was the subject of controversy was
admitted to be included within the boundaries set
forth in the conveyance, but defendant claimed 21
acres as still his property upon a title, of which he
was the assigne, containeil in a lease for three
lives, or 31 years, made by Mr. Hamilton (the ori-
ginal owner) on the 19th of March, 1822, and
therefore long anterior to the plaintiff's conveyance
from the Estat, s Court in 1853. The question,
consequently, was whether the Parliamentary con-
veyance gave an indefeasible title, when the Com-
missioners professed to convey the land of one
party, which, in reality, was the property of an-
other. The case came before nine of the Irish
judges yesterday, by writ of error from the Court
of Queen's Bench, where two judges held the title
not indefeasible, and one, Mr. Justice Crampton,
taking a different view, decided that the convey-
ance was irrevocable, oven where a mistake as
to ownership had been made. The question was
reargued at great length. The judges pro-
nounced their opinions separately. By a large ma-
jority the Court-concluded that the judgment of
the Queen's Bench should be overruled, and that
a title granted by the Commissioners of the En-
cumbered Estates Court was in every circumstance
indefeasible. While this decision greatly increases
the value of the Parliamentary conveyance, it en-
hances vastly the responsibility of the Encumbered
Court Commissioners ; and, in the case which has
elicited the judgment, would seem to have inflicted
serious injury on the defendant. Considerable
anxiety has prevailed regarding the decision, inas-
much as other issues of a similar nature have been
the determination of the question.
THE FAMILY OF THE LATE MR. LITTLE.

• The fund for the family of the late unfortunate
Mr. -Little amounts to the gross sum of 1,3431.
14s. 6d., which, subject to some small incidental
expenses, is to be lodged to the credit of the Mid-
land Railway Company, who have consented, for
the present, to pay interest at the rate 'of 6 per
cent. The fund committee passed a vote of thanks
to Sir C. Roney, the result of whose zealous exer-
tions has been a handsome contribution &Ora
friends in England.
ROYAL CREMORNE GARDENS.

This delightful suburban retreat will be thrown
open to the public on Good Friday, preparatory to
the commencement of the Easter season on Monday.
Among the various opportunities afforded to tbe
inhabitants of the metropolis for the enjoyment of
fresh air and a clear sky, there is none for which
the return of spring is more eagerly looked forward
to, or more thoroughly appreciated ' • and if ever
there was an establishment worthy of the support of
the metropolis at large for its successful endeavours
to counterbalance the disadvantages of a city, as
compared with a country life, most certainly it iS
Cremorne-gardens. The ensuing season promise;
to have its triumphs, and its spirited proprietor has
done all in his power, as on former occasions, to
deserve them. In every portion of the delightful,
grounds the promptings of novelty, and the eye of
taste will be. found to have enhanced the attrac'
tions they present, while the entertainments will be
characterised by the 'same amount of variety and
excellence as heretofore. The musical arrange'
ments, both vocal and instrumental, will especially
claim the visitor's admiration, and the theatre, with
its effective.ballet, will materially assist in passing
the time agreeably. Bossisio's capital quadrille band
is engaged, and the pleasures of dancing will be
augmented by the brilliancy of the scene, the
mination being of the most tasteful and extensive
kind. We have only to add, that the hotel depart-
ment will be placed on the same satisfactory footing
as heretofore, and that a capital table d'hote, adver-
tised to commence on Friday next, will be' col'
tinned throughout the year.