The Express.
London, England, 1862-05-12 00:00:00

LAW INTELLIGENCE.
(THIS DAY.)

EQUITY COURT.
(Before Vim-Chancellor Wood.)
THZ ATTORNET-ORNERAL AT THE RELATION OP BARON
BOTHRCHILD V. THE REBA:ERA' comeatit.
This morningithis case came on for judgment. The suit
is • remarkable instance of the difficult's' surrounding the
acquisition and transfer of land. So far back as l'Cin steps
were taken by the plaintiff and relator, Baron Roths-
child, to soquire an estate known as the Aston
Clinton estate, which was held by the dethadenta,
either as trade's for, or as owners, subject to • charge
in favour of, St. Paul's School. At first the baron
wished to buy the Lad, but that not being agreeable to the
memestios, he undertook to purchase au estate to be con.
veyed by ham to them in exchange for the Aston Clinton
property. He accordingly did buy an estate, and an agree-
ment to exchange was Mene to between the parties. Rather,
perhaps, it ought to be said that the parties agreed to ex-
change, for so "agreement" was ever oome to between
them, unless an t to differ be in that category.
For when the had agreed, the " agreement " had to be
drawn up and sealed. And here commenced a mange of
arms which has extended over more than two years, and is
not yet at an end. The agreement WAS drawn by one aide,
and sent to the other in draft in dm course ; them arose a
long oorreeposdence between the legal advisers of the parties
SI to it. provisions ; then there were references to counsel,
and learned, if not concurrent, opinions taken about it ; then
the drift went beck altered, in red, to the original drawers ;
then there wee more correspondence, more opinions,
and more alterations ; and so the draft went back again
slimed in blue. This pleasing but not eoonomied operation
MA repeated oftener than twice, at each treader the draft
shining more and more like • very rainbow of coloured inks,
and the parties exchanging, with their learning, pet a little,
d their temper. And then came retribution and
the irt of Clismary, when the dispute was put—taking
the =in points from an immense mass of detail—in this
wise :—On the 12th of July, 1511, Dean Colet,'d St. Paul's,
executed • deed of foamed to the Worshipful Guild of
the Hysteria of Merced', gadding to them =dein estate,
at Aston Clinton, which were to be subject to ordinance* to
be made by him relative to • school in the churchyard of St.
Paula These ordinances were made by the dean and from
that time the unfits of the lead in question have been
Mihaly devoted to the eurpaes of St. Pad's School, and
the surplus of them invested by the company in the funds.
Whether or not, however, the company were actually in-
vested with the property as mere truatees, or whether the
school has only a chargsrocri to a certain amount, is a
matter in dispute. P • to raise this question were
team as early as the reign of me Elizabeth, but the corn-
/limy then stoutly denied the trust, and alleged they had
inlj fulfilled all that could be required of them, as will be
ease by the following extract from the answer which they
then filed in this court :—" And these defendants say
that the said complainant", end especially the said
highs master being more proud and insolent, ea it
esesse, than any of his predecessors were, or any
ether the like, blutheth not to intrude himself, and off
ento him the other complainants to intermeddle, and the
shish governors, where they are to be served for salmis
end wages. And they say they take it badly to be so
taunted, rsyled on, =endued end troubled by such fac-
tious, turbulent mdeport fellows as the said complainants,
for.the said defendants say that ss the said founder, a worthy
and memorable man, of • most charitable end godlie mynde,
to his great costs and charges, founded the said schole end
endowed the same with lands for the =misname thieved,
so their predeoressom and they have in discharge of their
dude to God, and love towards their coundey, executed the
trust reposed in them to the great pains and troubiesof many
of the seadoompeny,and =dermas from Cherie= affairs and
badness, and not for any gain or pfitt that any one of them
ever reaped thereby, which deserveth better acceptance and
rewards of men than obloquies and dander both to the
defendants now lymig and theirs pdoesion deceased.'
This question as to how and in what manner the ocameny
are intended in the leads turned up again upon the pro.
pseud exchange, and while the company insisted that they
essli eenvey without the sanction of this coed or of per-
thement, the baron contended that one or both of these an.
therMies sat be invoked in order to give him • good tali.
the berek. therefore, instituted these proceeding', both with
• dew el tompelling the company to make the szehange
and of obtaining the necessary sanction to its bathe etheed
eut. A further questios was also raised by the cross 7so
to the adequacy of the vela of the estate propoaad to he
given in exchange, the company contending that, even cup.
poshig they were simply trustees for the charity, the ex.
slimy was not of that beneficial nature which would M-
ises the court to decree them to carry It out.
Mr. William James, Yr. Gifted, and Mr. Drum were for
the baron ; Mr. Bolt, Sir H. Cairns, and Mr. Dickenson for
the company.
The Vice-Chancellor' in giving judgmeat, remarked upon
the peculiarity Of the frame of this suit, which stated no
reason for calling upon the interference of the Court
el Chancery in the affairs of this charity, beyond the re.
glireenent of the baron to have his contract carried out,
sat which made no provides for dealing with an alleged
surplus of value of the estate to be given
in exchange to the defendants. On the other hand, the de.
fondants' case was a remarkable one, for, as pleaded, it
went beyond their contention before suit, ,nd, es argued
at the bar, it went still beyond the pleadings. In
the outset the defendants' denied that there was
any contract binding them to sell or exchange
this property, and on that point his Honour was with
them. There never was in fact any agreement binding the
defendants to carry out the exchange. Beyond this in their
answer the defendants claimed to have a right to hold
the estates as their own, subject to a charge only of
eighty odd pounds, which was the sum stated by Dean
Colet as proper for the school. At the bar it was argued, more
reasonably, that the company were entitled to the estates,
subject to what was necessary for properly maintaining the
school. In another point the argument went beyond what
might be expected from the course of things prior to it.
The company
=de in their answer that they were not aware
of any ream why the exchange should not be carried out,
and yet on the hearing they went into evident to
show that the value of the estate proposed in exchange
was such that the court would not sanction that step.
Passing these points, which were essential only to
the question of mete, his Honour had to con-
e d
whether this was a case in which the
court ought to interfere for the benefit of the charity, them
being, as he had already determined, no 'greened
the company. As to this point it was considered
this was a case of first impression, there Nag
so authority for such an interference by the man
beyond • dictum of Lord Brougham,that in the case of •
manifeet benefit to a charity, the court would interfere se
sow asked. There was no ground for placiog this sa
high even as the dictum of Lord Brougham, and the
ease failed in that aspect. There only remained this goer.
dm, whether in respect ei the surplus rents there
was • ease for the court to interfere in this i bill.
Oa this ground the frame of the snit itself was
against the plaintiff, aid however it might be
decided on a proper application it could not be decided on
this. On ell points, therefore, the suit foiled. As
to costs, the baron hued. been put to groat
sxxPsa
and had some reason to complain of the defences w
h ran
been raised, and hence, though the information and bill
must be &scathed, it would be without costs. The decree
would therefore be " Dismiss bill and informatics without
costs, and without prejudice to any question as to whether
or Dot the defendants, the company, held the Man
gisally conveyed by Dean Colet and the estates, stoths,
sod funds purchased by them out of the surplus of those
estates in trust for the charity."