The Express.
London, England, 1852-01-23 00:00:00

As ATTORNiIri 'BILL.--SINUULAt CUE.

In this case the declaration statid that Auu Lord (of
whom the defendant was the administrator) was indebted
to the plaintiff for work done as her solicitor, for money
paid to her use, and for money on an account stated. De •
fendiust pleaded that Ann Lord hail been indebted
to the plaintiff, that the claim was barred by the statute of
limitations, and that she had paid the plaintiff.
Mr. Gray (who, in the absence of Mr. Bramwell, opened
the case) said that the plaintiff, Mr. Ilenry Whitehead, was
a respectable solicitor, practising at Rochdale, and the de-
fendant was the administrator of the estate of his mother,
Mrs. Ann Lord, who hail died a short time ago. Mrs.
Lord was the widow of Mr. Lawrence Lord, wbo died in
1828. In that year she employed the plaintiff, for the that
time, to file a bill in Chancery to administer the estate and
effects of her late husband, but it would not be necessary to
allude further to this transaction, and he (the learned
mums.) merely mentioned it to show the commencement of
the connexion. There were, however, several suite which
arose out of her husband's affairs. A person named John
Farrow and Mr. John Lord were named as executors of
Lawrence, and they had also portions of his estate. Suit.
were instituted against each of them, with a view to make
them account fur the portions of the estate they bad re-
ceived ; but John Lord, feeling that his accounts were not
quite regular and straightforward, though he (the learned
counsel) did not mean to impute narking more to him
than carelessness, made a will previous to his decease,
by which he left various sums to the children of
Ann Lord on condition that they should not trouble his
executors. There were actions and suits in Chancery
arising out of that, but there was another matter which
also gave rise to a suit, his costs in which Mr. Whitehead
now sought to recover. John Lord had an illegitimate son
named James Lord or Wood, and at the time he made his
will Wood had gene abroad. John Lord therefore left him
• sum of a thousand pounds, provided that he should come
and claim it within five yeah; but in the event of his not
appearing within that time, then it was to go over to other
persons in the family, he (the learned counsel) believed, of
Ann Lord. In 1841 the five years expired, and the execu-
tors of John Lord (a Mr. Barlow and others) filed a bill
against various parties, one of whom was a person whom he
(the learned counsel) did not know whether he was at
liberty to call a son or • daught r of Ann, inasmuch as this
person, from her birth till he or she was nearly 20 years of
age, was called Mary Lord, and was considered. a female ;
hut from that time he was caged Louis Lord, and was
dressed as a man. (Laughter.) However, he was one of
Ann's children, and had an interest in the thousand
pounds. lie therefore was made a party to the suit, which
was instituted to ascertain whether James Lord or Wood
was alive. The bill in that suit was filed in 1834, and
that went on till April, 1835, when Louis Lord died.
Ann Lord was his executrix ; and, as his representative,
she then acquired an interest in the thousand pounds. In
consequence of Louis's death the suit abated, and it be-
came necessary to revive it A bill ofraviver was accord-
ingly obtained, and she was then made a defendant in
the suit in the place of Louis. That snit was still a sub
sisting one. When it was instituted, Louis gave Mr.
Whitehead a written retainer, and after her son's death
Mrs. Lord continued to employ him. It was true that he
did not take • written retainer from hoe, bat that was net
necessary ; and there was not thow2ball ymilegane At Ike
first plea. As for the attend, it be arastarri testate
that an attorney had no ground of as ita usalliho nit was
ended, or until he Rave his client maim that M would not
attend to it any longer unless Ise woe ttsli wordy before
Mrs. Lord's death, in 1850, Mr. whAslgd had given her
such a notice ; and when abs died, mad bra NE had taken
, out letters of administration, he gave lift a similar notice.
Its (the learned counsel) therefore esimillted that the
statute of limitations did not apply. With ass/Mt to the
plea of payment, Mrs. Lord had gives' the pialatllt
1830 or 1831, 261. on account; but whoa that portlealar
suit was ended, Mr. Whitehead bad his WI tared and
paid out of the funds in baud. The alatala if limita-
tions would, therefore, elm* apart the repsy-
meat of that 251., hut the pialallfpawed to give credit
for it, and to allow it to be dadastal frau hto claim, which
amounted to 1091.0.. I Id.

•
Evidence was then given, by whisk it appeared that the
only question at issue was whether the statute would apply,
the last item in the bill bearing the date of Michaelmas
term, ISIO, when thy Vice-Chancellor directed • supple-
mental bin to be filed bringing all the neat of kin before
the court. This, as far as the defendants were concerned,
was a substantial ending of the suit, though it might be
revived by the plaintiff. As this was purely a question of
law, it was agreed that a verdict foe the plaintiff for MX
should he taken, with leave to move to rater a verdict tee
the defendant, on the plea of sever indebted, Of of the
st,tut• of limitations; and it any Sundae of fact 'Maid
arise, the court to be at liberty to draw what interstice a
jury would have drawn.

THE POLICE COURTS.
ILUILBOBOUGH-STAZET.
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