The Express.
London, England, 1853-03-21 00:00:00

Kau intelitarnce.

EQUITY COMM.—SATURDAY.
Hanks TN! UMW Caaprepuma.
HORMILD It. AIKYON.

This was an appesl from an order of Sir G. Turner .ineo
lON•Chancellon. The question involved relater: to the
construction of the will of Kr. Joseph llonfield. aw.althy
cotton manufacturer, who died in 1839 . • and t:ie point was
whether persen..l e.tate, a portion of whi,n consisted of
oboe: 80.0001., a balsam in the bands of the testator',
banker, pss.ed to the testator's too o.4l4lstres under a be.
quest of personalty Ly a local descr.Ajoe. The ice Chan
cello, directed inquiries to b e roe into the woes of the
testat•it's estate generally, .nd the present appeal was
founded on the ground that there could be no doubt that
the daughters were entitled under the will, and that such
inquiry, a most expensive one, was unnecamary.
Mr. Milt and Mr. Malin. were heard in support of the
appeal, but the argument, on that bide were not concluded
when his lordship ruse at two o'clock to attend a Cabinet
Council.

?moo fua Muni or rat
HIWISint r. lizovs.—.lo)olllNT.

The question in this ease, which was heard some time ago,
was whether a tuorsage deed executed fora valuable con-
sideration was mood. se against a voluntary settlement pre-
viously 'tenant.. of which the avartgage• heid notice at the
tine et the advance. . . . .

the Honour hOW gave Jodsmeat. He said he had re-
served hie decision, in order to consider whether it fell
within the principles of Heath and Butterfield, in which
it is decided that a voluntary settlement tell within the
statute of the 47th Elisabeth, and was void as against a
eubsequint purchaser, even though be bad notice of the
settlement. lie entertained that opinion still ; and if is
this ease the ►usband and wife executed the settlement now
before the court without valuable consideration, it would
fall withm the statute aid be void. The only question for
the man to consider was whether the consideration was
'WlS.:lent to support the settlement, and if it were so then
it would appear c• the face of the settle-
ment, and it was not even alleged that there
was any other consideration than what 60 appeared.
Allowing there to be such consideration be thought it clear
upon principle and authority that a wife might contract
with her rural (or • valuable consideration, ris the in-
stance vat • r. lease of dower, so as to constitute her • pur-
eh•aer soder • settlemeat. He thought the osawirse
of this proposition was also true—that • harmed might
he • purchaser f:um his wife. Upon full coosidersties of
this case, he had no doubt that this settlement wee exe-
cuted by 11. e wife tor • valuable consideration, and, that,
timer ire, it must be declared valid and subsisting, sad the
mortgage he held void as agaiest the parties entitled ander
the settlement. kie ball, mast thereto* be dismissed, hut
without caw

iw.Aunuaa Ma W. raas Woo&
Nslrrow v. CZOILTOK.

Mr. Role and Mr. Smyth applied for an injunction to
rearms the defendant from proceeding in as action at law
commenced by him, ss persoaal representative of Edward
Reddish, ageing the plaintiff, r the representative of James
Antrobus Newton. The maims at law ass brought upon a
joint and rowers' bond for 8001.„ dated 1810, end given by
Dregs William Newton sad James Mamba. Newton, as
surety. In 1813 the principal debtor had deposited with the
creditor the title deeds of rime chief rents. and the creditor
had given ea acknowledgment that the deeds were
deposited as aa auxiliary security for the Ma of
6001., secured by the bond of 1810. In the yew 1825
the representative of the creditor parted with thces deeds to
the debtor, to be returned on demand, as was alleged; bat
the debtor sold the property and maw. the rem& Is his
own use. Under these ci tM pinieMlf sea-
tended that the estate of the surety wee diedweged teem 411
farther liability.
Mr. Baer and (Miens, for the defendant, contended
that to hold that the surety was discharged when the se-
curity gives up had not been given geontemporaneor with
the bond, would be going beyond aaything which had yet
been decided.

His Hamar said the case had been most ably argued, sad
he mast look into all the authorities before giving hie
Judgment.
-
COURT OF BAN]
Bayou lils.
IN is

re.-BATUILDAL
I rall.
OF CIIIITIFICATIO.

This was the certificate meetiog in the ease of Ohmlex
01liner, nississeller, of New Said-street. The aosennee.'
prepared by Mears. Glover, extended over the periedheen
the commencement of 1831 to the Ist of Nonsabott heti
teommencing with a deficiency, on the disealutien d lin
partnership with K. W. 011ivier, of 3,9301. This pea
against the estate an about 12,0001., and the available's**
about 4,0001. The profits had been 2,041. • losses, 2,0741.;
trade expenses, 3,692/. • house and pineal' ditto, 1,1012/;
by K. W. 011ivier, 4681.
Mr. Whitman*, the .Metal anolgries, reported on the
cam as 'allows: The bankrupt boa boon is busbies& nee
since 1830. la 1847 he teak his brother, B. W. ()Motor,
into partnership ; and the balsam was carried wa by the
firm till 1830, when it was dienteed. the *shrews taking
upon himself the 41140 and lfahYilias ef the Arm, and he
paying his brother 8001. the alamist capital broabiis
by hint, and • further mum el 6001. There are out-
standing debts dos by the Ann of 1,6231, sad good debts
due to the firm of 1781. The ledger, cash-book, die., have
bees kept with great regularity.
Mr. Law,.... "odd be we intruded on behalf of the
basknpt to owls he hie Honour for • certificate. Mr.
Andrew, the iaifailw* the assignees, not .sly isonssated
to hie haven • asetilimetir, bat recommended that it should
be of •he el* The ciremnstances wen exceedingly
maretarioneom he as Kr. 011ivier was reneerned. He was
mainly by any creditor. His bookkeeping had
been es geed, and be had delivered up assets to a
assiderabie awes*. He beg* buiness in 1837, and ma-
naged to get together • emiwable sum; bat is cam-
quence of .=trading his trading operations boyeed his
smarm, throw/Mg two houses into ere in Kontlatreet, ad
thereby burdening himself with • rent sof SOK a year, he
lined his return were not equal to w expenses. It
should be Mated, as an apology for his entinifing his trade
openings, that Mr. Jekyell, a friend of his, • physician,
web so satisfied with Ma preview career in life, that he lent
hiss • sem of 4,0001. at 3 per coat., which sum
woald sever have been required if Mr. 011ivier
had go* on prosperously—Mr. Wirier baring given
some policies of lumina* as security. It was
not sorption, that a trader should have availed himself of
aa offer so liberally made. Immediately on fading him-
self in difficulties, Mr. 011ivier plated himself in the heads
of his creditors, sad gave up ;mown which would nabs,
nearly 4,0001. Ilis personal expenditure had sot been an-
reasonable, about 6502 a year.
The Commissioner—How could he sustain losses to the
amount of 2,7001. I. • year sad eleven months
Kr. LSWTILSOB—The low chiefly seasims of deprectiatioa
of stock and bad debts.
The Commissioner—Did he era make any bad debts it