The Express.
London, England, 1863-02-23 00:00:00

COURT OF EXCHEQUER.—FsB. 21.

Bitting at Nisi Prins at Guiklhall.—(Before Lord Chief
, Bayou Pollock and Special Juries.)
BKAVMI O. TMI COUNTZBB OP WALDIOILAYE.

This was an action for breach of covenant in a deed.

Mr. Kerslake, Q.C., Mr. George Denman, Q.C., and Mr.
%lieu were connect for the plaintiff ; and Mr. M. Smith,
Q.C., Mr. Coleridge, Q.C., Mr. Serjeant Hayes, and Mr. C.
Browne for the defendant. •
The laintiff, John Philip Beavan, was a solicitor who
formerly practised in SackvWeatreet and Stratford•place,
Piccadilly, but now residing in Paris, and the defendant
was the Countess of Waldegrave, the daughter
of the celebrated vocalist, Mr. Brehm, and now
the wife of Mr. Chichester Fortran°, M.P.
The declaration stated that the late Earl of Waldegravo
and the defendant, by an indenture dated October. 180,
granted to the plaintiff the next presentation to the rec-
tory
of Borley, Fames it a vacancy should happen during
i ther joint lives or the life of the survivor, and also cove-
meted to pay the plaintiff 1,5001. and interest in case no
vacancy should occur during either of their lives, or the
plaintiff should be deprived of the presentation. The de-
claration further stated that the plaintiff bad been de-
prived of the presentation, and bad not been paid the
1,500/. and interest from 1846. The action was now brought
to recover that sum from the counter as the executrix of
her former husband.

Only one witness was called for the plaintiff, Mr. Simon
Dunning, solicitor, and secretary to the Bishop of Roches-
ter, who said that on the presentation of the trustees of
the settlement made on the marriage of the defendant with
the Earl of Waldegrave, the Rev. Thomas Bull was, in
March, 1862, inducted to the rectory of Borley, that a
caveat was entered by the plaintiff, but that no other pro-
needing, either in the form of a (mare impedit or duplex
querela, was instituted.
The defence was that the deed was not the late Earl of Wal-
defrays's, that it was obtained by fraud on the part of the
plaintiff, and that in consideration of the payment of 1,500/.
the plaintiff bad discharged the defendant from the per-
formance of the covenant.

Mr. M. Smith said that the Countess of Waldegrave would
not have defended the action bad ale not been advised that
she had a good defence both at law and equity. The plaintiff
wee, at one time, solicitor of the late Earl of Waldegrave,
and beams security for a debt due by the earl to Mr.
George Robins, which resulted in the whole effects of
atrawberry.hill being sold by auction. The learned counsel
also said that when the plaintiff ceased to be the earl's soli-
citor, the amounts were made up, showing a balsam of
2,0001., the whole of which bad since been paid.
The trial bad not concluded when the court rose.

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