The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1861-07-30 00:00:00

ROLM COURT.-22d JOLT, 1811.
FHB lIMMOIS OF

V. Nanrura.
IMPORTANT DECISION.

In this case the Bin wee Sled by the plaintiffs, two
of whom were the trades' of the will of the late
Wiuiain Trenehard, of Lytebet Matraven, Dorset,
praying a declaration that the purchase of the Wolvetoe
House Estate, in that County, by the late Robert
Henning, the father of the defendant, James Henning,
was fradulent and void, and that it might be set
aside.—it appeared that in and prier to the year 1807,
Robert Hamm had acted as the solicitor and confi-
dential agent of Mr. William Trenehard, who at that
time the bill alleged was very may indebted to
to his said solicitor, • circumstance, however, which
he was desirous to keep from the kaowledge of his uncle,
Mr. John Trenchard, from whom he had great
expectations. The plaintirs ease was that William
Treneherd, being much pressed by Robert Henning for
the payment of his claim, and wishing to increase his
income during the life of his uncle, from whom be was
anxious to conceal the state of his circumstances, in the
year 1807, while the relation of solicitor and client
subsisted between him and Robert Henning, entered
into an aggreenient for the sale to the
latter of ths estate in question, upon the
terms set forth in an indenture dated in
April of that year. By that indenture the pur-
chaser covenanted, as part of the consideratko, to pay
William Trenebard I'l,ooo • year, for six years,
from January 1807, and at the end of that period, on
the execution of the conveyance, Henning was to pay a
further sum of £7,000, and release the vendor and his
estate from the sum of £5,907, in which Mr. Trenehard,
prior to the sale of his estate, was Indebted to Henning.
This instrument contained • declaration that if /h.
John Trenehard should be living at the expiration of
the six years, then, daring the life of lie uncle, William
Trenebard was to continue in pommies of the estate,
he., and the purchaser was not to pay the said sum of
£7,008, but was to continue to pay the £l,OOO
a year during the joint lives of John and
William Trenohard. The latter, in pursuanes of this
eureement, continued in possessionof the property till
the death of John Trenobard, in 11130. Ludy H. Tea-
chard, the wife of the vendor, died in 1811, and soon
afterwards Robert Henning required the absolute sou-
veyance of the estate, which was accordingly executed by
William Trenchard in 1823, when the purchaser entered
into pomeesion. Robert Honing died in 1828, when his
real estate devolved on his son, the defendant. William
Trenchard died in 1829, Laving by his wM appointed
two undies of his property in Sae el whom two
of the plaintiff's now stood. The bill further
stead that the defendant, Henning, entered into
a contract for the male of the estate in
1888, and when the abstract of title was laid
before Counsel in the usual coarse, an objection was
taken to it on the ground that the anthem front Wil-
liam Trenchant was invalid, and that, therefore, the
defendant could give no title. This objection led to
enquiries, and by that means it wee said the plaintiffs
Out become acquainted with the circumstances shove.
mentioned, and with others of a like character, set out
iv lb. pleadings. To this the defendant's answer wee—
that though Robert Henning bad acted as the solicitor
of the vendor, yet that the tatter bad been advised
respecting the sale and value of this.property by other
persons of skill and integrity is the County of Dorset ;
and further—that during the long period of wetly 23
years which elapsed between the dale of the agreement
and the death of the vendor, no complaint was ever
made by him as to the character of the transaction,
while ait to the alleged insufficiency of pries charted by
the Bill, they showed by the evidence of surveyors, ad
the comparative value of the adjoining farms, that,
having regard to the value of consols and the commer-
cial condition of the country at the time of the
meat, it was full high, being nearly 96 year's po
What it would fetch now wee nothing to the matter,
es property in the neighbourhood bad increased 100
per cent. in value in the tut 60 years.
The Solicitor General and Mr F. 11. Bristow, were
for the plaintiffs ; and Sir Hugh Cairns, Mr. Eddie, Mi.
Selwyn, and Mr. Templer for the defendants.
This am was argued on the 17th and 19th instant,
and the Court reserved its judgment.
22nd July.—The Master of the Rolls now gave PI
'neut.—His Honor said he had carefully gone aro
all the evidence on both sides. With regard to
principal question in the case, via., whether full
value had been paid—the only witness of importance
examined on the part of the plaintiffs was • Mr. Tooke's,
the son of the tenant of the estate in 1807; and to his
testimony be could give no credence, without meaning,
however, to impute to him any deliberate intention of
speaking untruly; whilst on the part of the defendant
it had been shown conclusively from the evidence of
surveyors who knew the estate, and also from a com-
parison of the actual lettings of other adjacent farms,
that the full value had been given by Mr. Henning in
1807; and having regard to this and the other circum-
stances of the case, he had come to the conclusion that
he was bound to dismiss the Bill ad with unts.

Mr. Appleyarcl, of Lincoln's Inn, was solicitor for the
plaintiffs.
Messrs. Andrews and Cockerain, of Doenheater, and
Mews. Rhodes, Sous, and Duffel*, of Chaseery Laos,
London, were solicitors for the several didoodanta.

300.000 prim writing ewes have already been sold
the price, (or free by post for 28 stamps), places this
article within the reach of all classes. This OM.
which which forms an wopropriate present, is Sited
with writing paw, envelopes, metal pen OW, with fa•
serve of pens, Woking book, he., ke., and eau only be
had of the makers PARKINS and GOTIO, 90,
Oxford-street, Loodoit, to whom the Society of Arta
awarded the Prise of 9) Guineas and their Waiver Nodal
for its cheapness, durability, and neatens.

The refreshing and sustaining properties of tee &Prod
on the quantity of amnia it contaare ; the early spnutt
leaves have always most of this esseatial quality, for an
came of this fine Tea contains 10 grains ; the autumn
arop has but little, and is consequently very dr,fictria
in iforogar. The English pay for and desire to ottani
the rimier gel, but often have the autumn crop through
a deceptive practice the Chinese have of "facia? or
colouring the withered leaves; for minerals
are used to make all alike, and
enables the Chinese to pass od the low brows in
place of the best. Merchants derive great profit from
the practice, but the alcohols thinsierioa never use
coloured Tea. HORXIMAII & Co. London, knowing that
sterling quality ia preferred before mere appearatme,
import all without powdered colour int the soda..: the
Green is of a natural dark olive (not bluish), and the
Stack not intensely dark. This tea is to be had *air
of Hornistaa's AGM'S : for Loom. listen advertisement
in this day's paper.
The Austrian Goverament has kneed an Imperial
a dissolving the Diet of Istria, ea account of AB
ft= atraMeakid urtisP, to send remounted's,
to the of the Inn Ore. New alianons irs
ordered.

It i;-believed that the King of Swedes is about to visit
Paris and Loodou.
Itinnerma ITALIAN Noon- A Tads letter °mains
the follo=i-"Leaxej oat received the mei of •
eingela to the Liseterant-datersl
of Naples by the Clarissa suns of San Dana. It
Potersa, They ask permission to retain their bows
and property for their lives, and beg the liesteuant•
Gamest not to regard them as opposed to the &noes
state of thisp at which Italy now rejoices, EDO. 60
have always &aid sad favoured it. In fact--1. ID
It.. gloomy times of the ferocity of Ferdinand et
Bourbon, they bore witness against him; 2. They balm
carefully preserved the dominieste of the emosistiee Ice
promoting the unity of Italy; 3. They tootribated to
She Men raised in deribeldre memo before his Waal
at Marsala ; 4.1111.ey gave 220 ducats (1,001241 i
support the Insurrection Is Lumina (Calabria); s
were the trek to rake tie Italia deg at Pigmies ; •
They subscribed to the fund fee iswoed al
honour to Garibaldi; 7. They to illeettiese
familia of Italy, sad several ef dam remember NIM
pride that their buhassis were vamemnd t. fighting fee
liberty. Mese are eertaialy millleiest name for RA
confounding the Clarima nuns with the vulgar ranks of
somaebient, with which they have nothiss in tomes"
neither sellshown, morreptkm, nee Meese& opfsieem•
This curiae, document was aped by last Abhor
Maria- Theresa-Luteellote, and all the of the
comma."
Francis 11. of Naples, still, it appears. Nleiafilia.
diPlotuatic Telsticas with Frowsia. Be has OA
deepekeed, it is dated, an Hovey Fanserassei "
emigratalate Hag William apes his amps fro'
asommiaatioa.

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