The Express.
London, England, 1849-03-28 00:00:00

gab) intelitgence.

HOUSE OF LORDB.—Tzormunr.
Frew est : The L'wd Chaassear. Lard ltreaglim. and Lard Cumber.
ROCIITOZT T. BA.TIZINNIT.—•Art INSOLTANT NOT INTITLID
TO APPALL.
Thh apLorpeal wm brougtst @gains% dawns of the late and
present ds Chlance lors of Ireland, and the question on the
searite was whether Mrs. Brown., the mother of the appl.
lent by her first husband, was entitled to recover the arrears
of herjointure front the year 1800 to 1835, the lands on
which the jointure was charged not having produced during
all them years above 2601. a-ynr, which was little more
then half the jointure; but now, and eines 1835, they pro-
duced 7501., in comequence of the falling la of old ees
The final decree made is the cause declared Mrs. Brain'
entitled to the arrears —Upon the opening of the appeal
against that deuce by Mr. Turner, an objection was taken
by Mr. &dull for Mrs. Browne to the competency of the
appeal on tt.eee 'roues. The bill wee filed by Battereby,
• mortpgee on the estate, for foreclosure. The defendants
were the appelleat, the owner and mortgagor of the estate,
his mother, the joltiness, and two others, who were, or repre-
sented, assignee. appointed by the Insolvent Debton' Court
ia Leedom in 1821, Mr. Boehfort, the appellant, having been
then declared an insolvent. On that ground, and it not
being shown en the part of the appellees that he had ever
obtained his dieting's, Mr. Bothell contended on a former
hearing that he had no right to be a party to the nit ; at
all events, he had to right to be a principal arty, his pro-
petty being vested in his easignem who were named r. 'Ton-
drat% but took no active part in the appeal. This peened.
nary objection wee fully argued on a former da
The Lard Chem:eller, sow moving the judgment of the
hoots, said that in ordinary man an insolvent had sot each
an interest In bia property as courts of equity would moa-
ns*, so far ae to give him a title to appear at all in proceed-
ings regarding his estate. If an Lambent were to file a bill,
alleging that it woad appear upon an account being token
that there would be a emplus after payment of his debts,
mad charging colleens between the meioses and the ne-
aten ea the estate, each a bill would be dentarrable for
west of equity. There wen cases of that net. The differ-
, ems bare was, that the dense of the court below emplaned
of es ether grounds, had aseertaiind that the party had as
iaiwat. mad Warred him to take on salve Dm Is the Jiro-
eirliese. Eat slamt s! the coat Maw allowed the Wei-
vela to mho peosmadloge la a as la told& be la se law
1011. tam lame wadi amt slaw him to promote ea appeal in
a are to width be eight ma to be a party stall. Tbezpries al
tharedate wall be diewlmati t bat teaseesell al this i e
ev tin have ban tale holam the appeal owatabba.caps=
is ihe parr traital to belie upon mak frispl
eel emir pima theria hal fiteilatig die mare
of way to the bar beam ea the atria, Ma lord.
ship Mrs& that as that wee fret dose, the appellant amid
not be on to pay the seam.
Lord Bragitaa aad Lord Campbell severally ereemed
their eonearreeee, sad the appeal we. tau dimined with-
oat cab.