The Express.
London, England, 1852-11-29 00:00:00

lain interneence.

HOUSE OF LORDS, Nov. 28.
Aterus4.--fixsoas les Loan Caseceuea, Lien Comments, 'ire
Loan Cam.
FRAIL= IT FIRRIE.—CONTIVaIoIt or RBAL ESTATII
INTO HIRITANLI AND PIaSONAL Pito TTTTT .
This was as appeal from the Court of Session in Scot-
land. The appellant, Peter Ferric, was the son of Robert
Ferric, of Glasgow, who left by bis will his property to be
divided among his three children, George, William, Chris-
tina, and charged the share of George with an annuity
Peter. On this latter point there was an appeal brought
before their lordship' on Monday, and reported in the Ex-
press of Tuesday lest. In June, 1847, William who had
received his shere died leaving a settlement "in lecto," as it
is termed, under the Scotch law, by which he gave all his
property to certain trustees, of' whom George Ferri* was
one, for certain purposes. A question arose whether
the property was real state, or had been con-
verted into veritable and personal, as in the former
case by the Scottish law the heir-at•law of the testator,
who is Peter Ferri" the present appellant, would be en-
titled to it, notwithstanding the settlement "in lean," bat
if it had been converted into personalty the unites., the
present respondents, would he entitled. The court below
decided that the property sea personalty, and against that
decision the present appeal was brought.
Mr. BetheU and Mr. Anderson appeared for the appel-
lants, and Mr. Molt and Mr. Dunlop for the rekpoodeats.
At the close of the argument,
The Lord Chancellor stated his opinion to be that, as re-
garded the bulk or body of tha property, there bad been
sues a conversion as constituted it to be personalty ; and
that, therefore, the judgment of the court Wow was right,
but as regarded certain intermediate rents which had ac-
crued be entertained a different opinion ; and therefore
should postpone his judgment on that point until Tuesday
next.

COURT OF QUEEN'S BENCH, Nov. 27.
lk:mow AT Num Pasts alma Loan Cuirsiu. ApD Winos
!wan.
AIMS P. 811,1141 •ND OTHIIII.—WWITIIINSTIR ELZCI.
11011.—ABRAULT.
This was an action to recover damages for an assault corn-
azitted by the defendants whereby the plaintiff's arm wan
broken.
_ _

Mr. Edwin James (Mr. Udall was with him) stated the
facts of the case to be as follows:—The plaintiff was a
tailor, formerly living in Belgrave-mews East,as tenant of
a room in the house of one of the defendant; who was a
stable-keeper. The other two defendants were the wife and
son of the stable-keeper. Public feeling running rather
high in the mews, at the time of the last general election,
bets were made by the plaintiff and the younger Stevens,
that Sir De L. Evans wooly have a majority of 400 votes
above Lord Maidstone. Over this bet, upon the evening of tbe
polling day, a quarrel arose between the younger Stevens
and Artis, and, after a fight down in the mews, Mrs. Arth
got her husband to his own apartment, upon which the
three defendants broke into the room; violently assaulted
the plaintiff, and broke his arm with • sleeve board. This
injury prevented him for sixteen weeks from properly at-
tending to his business; and, for this injury, damages wee
asked. The learned gentleman called the plaintiff and his
son, who proved the material facts of this statement.
Mr. Serjt. Wilkins (with whom was Mr. Iluddlestone)
stated that the assault first began on the part of the plain..
tiff; who,after haring violently assaulted the younger Stevens
in the mews, and left him insensible, appeared at an upper
door of the loft, and, on his regaining his senses, addressed
the most insulting and opprobrious epithets to him. Under
the excitement occasioned by this treatment, the younger
Stevens ran up stain to Artis's room, his father and aro-
'thee following to prevent a breach of the peace, and a
scuttle took place, but no more violence occurred than the
circumstances would justify. The defendants and several
other witnesses proved the learned serjeant's cue.
Mr. James having replied, the learned Judge summed op.
The jury returned a verdict for the defendants so far
as regarded the older Stevens end his wife, and for the
plaintiff so fates regarded the younger Stevens. Damages
on. farthing.

COURT OF COMMON PLEAS.--IinuRDAT.
1117 TOWS AT NISI PAIVII iw MIDDIANCL-38:101LO ILL JON /CZ CANDY
WILL AND • Comm. hay.

HICINAN V. WIVOINTON.—COLLISION ON THI Bryan.
This wu action to recover damages for injuries done no
plaintiff's barge, Henry, by • collision which happened as
the 12th of July Init.
Mr. Berjeant Thomas and Mr. Wordsworth appea for
the plaintiff, and Mr. Berjeant Byles and Mr. elia for the
defendant.

The facts were shortly these :—Two boats belonging to
the plaintiffthe Henry and Mary Ann, when nearing a
place called Haliford, • point near Maidenhead, the crew
perceived a barge belonging to the defendant coming up
dream on the near side, and shouted to the men to stow
into some Kill water and let the plaintiff's boats pass. This,
however, was not done, and the result was that defendant's
towing line caught one of the plaintiff's boats, carried away
the masts, poles, dc., and drove her upon some piles and
store in her bottom. Both the plaintiff and defendant
called witnesses but they differed as to the cause of the as-
eident, and the proper mode of steering at that particular
point.
The jury found a verdict for the plaintiff, damages U. la.

EXCHEQUER CHAMBER.—SATURDAY.
@mum ar lausaa.—Baream Ikkoas nix% Purr' aro Nam;
AND Joencss Cowman, Wierntui. tax; Aso Caourroir.
Their lordships sat to-day, to dispose of errors from the
Common Pleas. _

LONDON RAILWAY COMPANY O. TRW
NORTH-WESTERN RAILWAY COMPANY.—ACTION 0* A
COV/INANT.
In this ease, which has frequently been before the courts,
the plaintiff' had leased their railway to the defendants, for
• consideration paid at the time, and a certain interest in
the profits arising from the working of the line, generally
known as " Punch's Railway." The plaintiffs had brought
an action against the defendants for not having, in aostaill-
once with the covenant in their lease, ran passenger trains
to unite and join with the trains running on the Great
Western and North Western lines, in consequence of which
the plaintiffs did met receive that amount of profit which
they otherwise would have had. The ease for the delis
dente was, that thel were at liberty to work the plaintflif
line in the =war reset beneficial to themselves, and that
they wen set bead to run paasenger trains. The are
err on he trial before the Chief Judo" et
the Comm Pleas, and, after hearing evklence Ile
the greeter past el one day, his lordship sewer" that, as
it wee a susetlea at law whether the line lied hasselkoridy
worked, Sr whether the defeadaats were brad to step
their rare, and emir Ihsse on the 'aria' Ire with
trek as earsadel he toy the gtatstiEi, it bed better be
tared ire a "soil are he the 'prim of the sear. This
I eerie bra stapled. sad Oa to
awed tides
bedew iltevial err, their Isoiare were of spates that
here sherd be a aew trait hat ea the judge at Mdliacts
err &41 lie era dinettes le *okay, sad the
Welted ta se tea sweet Omer. it was agreed, to ear ea-
pars. Or a bill al earrisse should be takes to the joie-
sear Mrs Ogre sd Osman Pleas geserally.
Theorise arty oral/she* the court spat the sneaks
whether re Moire wens band to raa pssssger Oars
ea the phiatillf brie jeia these of the Orest Wester
sad Mirth Walesa lire. Mr. &dear Belot wee heard
he the stalatilly sad Mr. Serreat Chased' for the de-
hadare. Their hair* reserved their judgment.

PREROGATIVE COURT.-Bs27IIDAT.
areas Ira J. Dela
NAM O. MACE.
Ia this ewe the validity of a whl was disputed, by reales
of the alleged lassaity of the testator at the Slake of its am-
cake._

The facts were briefly these :—Tbe desenessl, Mr. Was.
Meek, who woe a farmer at Bunke., in the emit? of
Norfolk, bed died, at the age :11,11.1 9th of May,
1861, and had left a personalty 13,000 i. Li
1649 he bad married a young lady of I; whom he bed
had one child, a Hide girl, who Md beets massed Sophia
Ann. On the 18th of May, 1866, be had executed the
will in digest*, ander which the whole of his
was left to his wife. On the 2Gth of Unwire neettrviti
admitted to have been is a stabs of the meet violent ante
mania, in eoneeqseam of which he was Ileemoved is •
laaatio as when he continued up to die time of hie
death. Mrs. Mask now deminded probate of the will, sad
it was misted by Mr. Thurtell Mack, the brother of the
donned, ea guardian for hie infant nine.
Dr. Addaxes and Dr. Twin appeared on behalf of the
widow, and Dr. Robinson and Dr. leaner on that of the
guardian. The arguments lotted several days, but their
purport is easily compressible into a few Ham Oe the
ma side it was argued that the raging madness which tally
and unmistakeably manifested itself two days alter the ex-
ecution of the will could not have berm a sudden attack,
bat that it must have been only the crisis of a
which had long boon lurking in the teetatoe's trati2
This was held to be proved by various eccentricities
and extravaganelesof which belted for tome time previously
been guilty, and Blum's, to account fora very marked
change which had takes plane in his disposition ; for, from
hay been of a reserved and taciturn temper, ho had lat-
terly become talkative and jocose. To this was attributed,
also, his excessive partiality for disputes upon the corn laws
and his having euddenly become a stunt free trader,
whitens he bad hitherto been a violent protectionist. Oa
the other aide, it was contended that the deceased wee
naturally of a alkative and boastful temperament; and that
his peculiarities were not greater than those of many men
whose sanity was unquestioned. That even If they were to be
taken as indications of a mental aberration, they were
only premonitory and not symptoms of existing insanity.
But even if it were true, as had been a, that pre-
viously to the titration of his will bead sot been
capable of business, that would rot be a endoient ground
for setting aside the will itself; but that iant of fact ha
had conducted his business with singular judgment, and
with a highly prollable result. That his accounts had
been regularly kept up to the date in question, and that the
last entry was of a payment to the solicitor who had pre-
pared his will, made on the night of the day upon which the
document win executed. That, in short, Mr. Mack had been
a sane man up to the 20th of May, 1860; that the attack
of mania on that day was a perfectly sudden one ; and that,
therefore, there was not the slightest pretence for impeach-
ing the will.
Bir Jao. Dodson reserved Ids judgm•nt.

COURT OF BANKRUPTCY.--SATUMMAT.
Dooms Ma. brrrreroon OcrocouNN.
IN 11.1 EDwLHD AND MENNY OVIRON WINSTANLIT.
This was the last examination !went* The bankrupts
carried as an extensive business as chemists and druggists,
of No. 7, Poultry.

Mews. Hart, Brothers, atoonntente, Georppysrd, tom-
bard-sir, et, presented to the court the following *Latrines:it
ef the bankrupts' affairs :
4 From JAIL 1, 1830, to Ott. 8, 186.1.
To sundry creditors i6,611 6 3
Creditors holding security 3d4 17 3
Profits ois trading 4,618 6 9
- Capital Ist Jan ,1830

By debtor rood --
2,101 12 10
Ditto doubtful

£14,370 17 10

2,941 17 2
Reslimed by asoigaisto 2,000 0 0 2,000 0 0
Carr', dt • looms
Foreign debts, good
Dim, doubtful 193 6 4
607 3 7
Retail debts, good
11 I Ditto, doubtful 36 11 10
219 IR 7

Property surrendered
Ditto held by creditors 1,090 0 0
Partners' drawings:—
E. Winstonley
E. A. Winstanley 66.3 11 7
11. U. Winstsaley 498 7 2
2.002 18 10
Trade expenses
E. A W nstsalcy, being deticieney of cash of
which there is no account in the books 1,610 16 7

Los4-tsby bad debts

Total
.

Mr. L iwranee elated that the official and trade assignees
had caprewed themselree perfectly satisfied with the accu-
racy of VIP WCltlaUti.
The twrikrupte paced their last rumination.

INSOLVENT DEBTORS' COURT.—.IsTUILDAT.
Savona Ma. Comusionta P..wn.

Ix It P►rtes INNIS NO►n.—Tits PORTLAND B•z•ma.
Thi• insolvent, the !manager of the Portland Bazaar
(formerly the Lugh►rs), applied under the Protection Act.
There was no opposition, and Mr. 8•rgood supported.
The is•olreot had formerly been • commission agent.
He had been before this court and the Coart of Bankruptcy
under former failures, and had in his present schidule
several debts without consideration. Among the debts wu
ea' for which he was jointly liable with Mr. Walker, the
projector of the Gingham Bazaar. from which es much was
expected, but which tuned out • complete failure, and Mr.
Walker bad himself been compelled to take the benefit of
the act.

/irTia,good called the attention of the wart to the
lisilare of the Longings Bazaar, now styled the Portland
Bauer, end of which the insolvent was still the maoager.
It appeared that another debt in the schedule without
onoideration was oa • bill of exchange for a gentleman
aimed Croke, of Studely Priory, Oxfordshire and as a
nommisaion agent ho had put his name to the
Mr. Sargon,' contended that it was not an accommoda-
tion bill, .mil that it was usual for bill-brokers to indorse 1
hills before they could get them discounted.
Yr. Commissioner l'hillips referred to tbe former failure*,
sad expres.ed himself of opinion that the I debt had
bees eootrackd without reasonable or probable expecta-
tions of payment. He did not consider it was an accom-
modation bill, but it was quite clear that the insolvent had
memos of paying when he undertook the liability. He
was wiping that he should come up in a fortnight for a
peotectiog ord r under the 28th section.
No day was awned fee • final order, and protection with-
held.