The Express.
London, England, 1847-11-05 00:00:00

tats Intelligence.

EQUITY COURTS.
Before the Master of the ROll,
ATTIOLVEY-GENEKAL V. WHIOUT.—CHABITATILE Be.
C:EST.—This suit was instituted to administer the will of
the Rev. Thomas Mahon, formerly chaplain to the Sardinian
ambassador, and who, by his will made in 1783, gave hie
personal estate for certain purposes of a charitable nature,
and in a certain event he directed it to be applied in con-
formity to a decree of the Propaganda, issued the 14th of
April, 16.51. Some difficulty had been experienced in ascer-
taining the purport of this decree, and the court new declared
Om property applicable to charitable purposes, and referred
it to the master, to inquire what the decree in question was ;
and further directions were reserved.

Before the Vlce-Chatoddier of England.
ELLIS V. COWNE.—INJUNCTION TO NEETRAIN PROCEED-
(NOE UNDER A WARRANT OP ATTORNEY SIGNED HY THE
PLAINTIFF UPON AN EXPECTATION OF MATEIHONY.--This
was a motion to dissolve an injunction granted on the 22nd
of December last, under the following circumstances The
plaintiff, Sarah Ellie, was a widow, residing in Huntsworth-
terrace, Salisbury-street; one of the defendants, Samuel
Cowne, was a surgeon, and in addition to that profesaion
carried on the business of a pawnbroker is a shop nearly
' facing the residence of the plaintiff. The other defendant
was Henry Cowne, sun of Samuel Cowne, who was placed
by hia father ia the management of the pswnbroking
business. The bill stated that an intimacy had arisen
between the plaintiff and Henry Cowin, who hod made
matrimonial advances to her; that the plaintiff was of an
easy and confiding disposition liable to be imposed upon, and
she had upon various occasions advances' to Henry Cowne
considerable sums of money, and at last, fur the purpose of
enabling him to set up in bu•ie.ess, and make his own hs ir.g,
she bed advanced a sum of 1,5001. for the purchase of the
pawnbroking business from his father, upon a etetement that
the value of it was much greater ; that she had been induced
to sign a warrant of attorney for 1,2001., part of this sum,
which was to be paid by instalments, for part of the re-
mainder she had given a bill of 811., and the rest was owing
to her by Samuel Cowne ; that after this transaction, the
conduct of Henry Cowne had been much skeet d towards the
plaintiff, and his affection hail considerably ended; that, in
fact, he had given up all intentions of marrying her; that
the plaintiff had paid three instalments under the
warrant of attorney, but she ha•l subsequently be-
come aware that the pawn hroking busintse had been
very much over-valued, and ahe had ascertained that the
defendants were removing from the shop much of the pro-
perty contained therein. She therefore refused to continue
the instalments. The injunction granted was to restrain the
defendants from taking any proceedings under the warrant
of attorney, and to restrain them from selling or parting
with the possession of the business or the stuck in trade and
effects of the pawnbroker's shop. The defendants had now
put in their answers, and denied that the plaintiff was of
an easy and confiding disposition, or liable to be imposed
upon ; that, on the contrary, she was particularly sharp in
all matters relating to money, and that she had I.r a long
time been carrying on the business of a hay and cern dealer.
and had also been in the habit of discounting bill, ; that the
coolness which existed between this plaintiff and defendants
had arisen from the plaintiff's refusal to continue paying the
instalments under the warrant of attorney, and that the
transaction was perfectly fair on the part of the defendants.
Mr. Kelt and Mr. Jervis appeared in support of the mo-
tion to dissolve, and Mr. Ilethell and Mr. troodeve fur the
plaintiff.
The Vice-Chancellor, without bearing the counsel for the
plaintiff, said the only question was, whether the injunction
should be dissolved upon the answer. It appeared to him
that the circumstances were very extraordinary, and required
further investigation; but the only ground for dissolving
the injunction was, that the statements in the answer were
true. Now without using harsher words than the ease abso-
lutely required, he thought there were statements respecting
the bill for bli. which could not be borne out by fact. One
of the defendants had thought fit to trust to his memory as
to this part of the case, and it was evident that his memory
was very treacherous. He had sworn to • fact which ap-
peared to his mind to be true, but certainly without suffi-
cient evidence. Under these circumstances his Honour
thought that the answer could not be relied upon, and he
►hould therefore refuse the application. It was the duty of
the court to keep a strong hen•l on any defendant or any
person who undertook to swear to a fact which turned cut
to be incorrect.

Before Vice-Chaacelke Knight Bruce.
HOVER V. ENTWOSTLE—JONES V. MARANON—AMMER
V. EARL SPENCER.—HEIR-AT.LAW SOCIETY.—These were
three distinct suits, instituted by persons claiming to be heirs-
at-law ; and all three bills were demurred to, for want of
equity. In the lint of them, the plaintiff deduced his title
from an ancestor, who Lad been seised of the estate in
question in 1673. No counsel appeared for the plaintiff in
either of the first two cases. In the former of them Mr.
Wigram and Mr. Hallett, who appeared for the defendant, said
that thesuit was iastituted at the instigation of the Heir-at Law
Society, and was, in fact, an attempt to try, in equity, an
action of ejectment.—llia Honour (after hearing a clerk,
who said that the plaintiffs were poor people who had spent
all their money in endeavouring to support their rights, and
had instructed Mr. Watson to appear for theml, requerted
Mr. Russell to look into the bill and see whether anything
could reasonably bs said in support of it. Mr. Russell, after
perusing the pleadings, stated his opinion to be that the snit
was utterly groundless; whereupon his Honour allowed the
demurrer. In the second of the causes, in which, as well as
in the former, the demurrer was set down for argument by
the defendant, Mr. Wigram and Mr. Kinglake appeared in
support of the demurrer, which was also allowed. The last
case was struck out, but on the application of Mr. ',reeling
the Vice-Chancellor allowed it to be in the paper to-morrow.

Before Vice-Chancellor Wigram.
DAVIDSON,. BORN.—lNJuricrtoN.—ln 1846 the plain-
tiff applied for an injunction to restrain the defendant, Mr.
Henry George Bohn, from publishing the songs and mule
of " Home, sweet home," " Said • smile to a tear," "
fill, till the glass runs o'er," and other songs, contained in
" Cumberland's British Theatre," in " Cumberland's Minor
Theatre," and in the opera called " Der Freischutx."
on the ground that the defendant was thereby infringing the
plaintiff's copyright in those works. The court having
directed issues to try the question of copyright, the defend-
ant put in thirty pleas to the issues. The trial of the issues
having been thereby delayed beyond the period prescribed by
the court,—Mr. Wood and Mr. Renshaw now applied for an
extension of the time allowed for trial.—At the suggestion of
the court, it was agreed that the cause should stand over till
the last day of term, by which time it was expected that steps
would be taken with reference to the pleadings which would
have the effect of expediting the trial.
CARLYLR T. ELLIOT.—INJUNCTION.—The plaintiffs in
this cue were the trustees cf the hospital of Queen Eliza-
beth at Bristol ; the defendant was the proprietor of a close
of land called the Jews'. churchyard, adjacent to the hospital;
and the object of the present application was to commit the
defendant for breach of an injunction which had
been granted in 1846 to restrain him and his work-
men or agents from quarrying, blasting, or work-
ing upon the close so near to the boundary-wall of the
hospital as to cause any disturbance to the wad and buildings
of the hospital, or to the soil upon which they were built.
In July, 1847, the defendant having recommenced digging
in the close so as to undermine and cause the fall of a por-
tion of the hospital boundary wall, the plaintiffs moved to
commit him for breach of the injunction. The court on that
occasion declined to commit the defendant, but put him
under an undertaking not to proceed with the work, and to
pay 701. towards the restoration of the wall. Since that time
the defendant had granted a lease of the close to one Adams, by
whom the works objected to had been resumed, so as again
to affect the stability of the hospital wall.—Mr. Hominy and
Mr. Matthews, far the motion, read affidavits, showing that
the works complained of were clearly in contravention of the
injunction, and submitted that commitment was the only
effectual means of preventing a recurrence of the damage,
and of obtaining payment of the 701. The lease, they con-
tended, was a mere contrivance to evade the injunction, the
lessee being a poor stone-cutter, near Clifion, depending
upon hie daily labour for support, and the defendant being
present on the resumption of the work in question.—Mr.
Sandys, for the defendant, insisted that the damage com-
plained of was occasioned solely by the faulty construction
of the wall by the plaintiffs. His Honour, though by no
means coavinced that the defendant had been acting book
tide in granting the lease in question, declined to commit
him until he had first read the affidavits on both aides.

COURT OF QUEEN'S BENCH.
HILTON O. LORD GRANVILLII.—CUSTON TO WORK MINES.
In this case, which involves the right of the crosser. to
work certain mines in Stafforiire wirboutoO
the owners of superincumbent houses thereby
and was tried at bar after last term, crone rules were sib • /e.
by. the Attorney-General and Serjeant Tjafoird, which:
bring all the questions again before the court.
GADDER V. ESTALL.—CLLIM. CON.--Sji Frederick Tiled=
muse, moved for a rule calling on the defendant to she*
why the verdict, which hadpaseetforlMin at the trill
in the sittings after last term, should not be set aside, anti
new trial had. The action was brought- io ewecorer dant
•
for criminal conversation with the pWattri lac