Crossle Record
Page 51
leaving issue as aforesaid. That John Irwin of Tonregoe, Co. Sligo, Esq, being nearly related to said Charles and George Betty and intimately knowing their affairs, and knew about said marriage articles, he of late pretends he agreed with Charles and George Betty concerning the purchase to him of said lands. That notwithstanding that said Charles and George Betty received the profits thereof till (sic) they respectively died he the said John Irwin after their deaths pretended they held said lands under him by a lease pretended to be taken from him and that he had purchased the inheritance of the premises from them while they were alive. That said John Irwin being seized of said lands of Carriginegawn, Co. Sligo, did in conson (sic) [this word "conson” had a line across the top and seems to be the abbreviation of the word consideration. Crossle does quite a few of his abbreviations this way—CB] of ƒ100, by way of a fine, paid to him by Mary Betty, mother to said Charles and George Betty, by indenture dated 31 May 1721 convey said lands to said Mary Betty for the lives of said Charles & George Betty and of Roger Chambers, and of the survivor of them at ƒ4 rent with covenant of renewal for ever and said Mary Betty enjoyed said lands. Notwithstanding which the said John Irwin held the said lands in his own hand till (sic) the year 1733 and received the profits thereof which amounted to ƒ11 yearly. That said Mary Betty by deed dated 8 Oct. 1721 in conson (sic) of the sum of ƒ100 did settle her interest in said lease of Carriginegaron to her said sons Charles & George Betty equally as tenants in common. That Charles Betty died in 17 [ ] (sic) leaving Plt. Elinor his widow and the above issue. That George Betty died in 17 [ ] (sic) leaving Plt. Mary his widow and the above issue, and thereafter Plts. Elinor and Mary entered into receipt of the profits of said lands and paid their rent to said John Irwin although he had no right to take any rent from them. That John Irwin pretending there was arrear of rent due to him did in Michs term 1737 did bring two ejectments for nonpayment of rent due in Dec. or Jan. 1737, and Plts defended same in Hilary term 1737, but John Irwin relinquished the suit and agreed with Plts in a friendly manner to stop proceedings. But yet John Irwin without saying anything to Plts obtained judgements by surprise upon said ejectments and by virtue of two writs of habera facius on 22 Oct. past was put into actual possession of sd lands. No so it is John Irwin pretends he purchased said lands of Tullycushenbegg from Charles Betty & George Betty which if he did so purchase same was in trust for said marriage articles, and with whom the said John Irwin who was nearly related to said Charles & George Betty and did advise them in their affairs and knew about said marriage articles; yet he the said John Irwin obtained said judgements against Plts notwithstanding there was no rent due to him, and does now threaten to turn Plts out of the lands. Pray for a writ agst sd John Irwin to answer in the premises. Bill entered 20 April 1739, amended 22 May 1739 by affixing an affidavit by order of 17 May. Affidavit whereby
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