The Express.
London, England, 1853-01-28 00:00:00

Raw fniclittynce.

EQUITY COCin.S.—YESTIADAT.
Ws ti TPIR 11.11011 or Apricot..

IN RE THE OXFORD ARO W.,ITCYATER EXTENTOON ANT.
CHEATER JUNCTION RAILWAY C . Ex rximx
Mons-nos.. _ .

Mr. Morrison, who had been one of the managing com-
mittee et the c..inpmiy, hot loon obliged to pay ZOOK. upon
e debt civic iiigivist the o !UM he had
ennitht to puree as a debt arraiwit the company in the Mass
tore office, but th- eluint hu on behalf of the
other rintriliutories, on th+ oroond that Mr. Morrison bad
received large sums from the shareholders for which 11,
had not yet accounted. The 31.ister had refused to admit
tle claimsus a &ht.
Mr. ileestll Low al peered in support of an appeal from
thst deeisien...nd said that Mr. Morrison merely wished to
estatlist.l::% tililll at I.lor, I.) es to I o etiabl. 4 to he en-
titied to be credited with it in his accounts with the cons-

patio.
Mr. Roxburgh, for other contributories, objscted the?
no claim ought :n lee established as a deht until the result
cithe 11/10it hetwten the claimant and the eompeny
was known. lo the present case Mr. Morrison would bo
fauna to h • in tne result indebted to the company, but if
the primula eloint s. .r ndmittcd a call might at once be
Made Is rest', :t of it, although there might in the result be
ho debt due by the company.
Mr. Cairns eppitar 4 for the official manager.
Their Lordships ro ole an or :or, declaring that Morrison
woe a creditor ..f the company in respect of the 3001., bat
that as en NCt.l43t 11:1 peud.ng between him and the eon-
pant, no call ah ntlil be made by reason of this debt, antil
the Muter should have taken the account.
la an Tile Datti.-r PLTI nma. Davos-
Pont RAILWAY CoMPAST X raisin !Measles. WOOL-
Mtn, BASTARD, AND K E
IXODON.
Thu petitioner' hid bees throe members of the managing
committee o! the irimpany, and had received from Mr.
Tanner, another monber of the committee, 22.51., in con-
sideration of whkb they age' tl w iodemoify him against
ail dream:do its I.' specs of ti.e tompany s li.hility. Tb•
Master, in winding up the off airs of this company, had made
an order,
_calling Limn the petitioncrs to account fur the sum
le Feet ived.
Mr. Follett and Mr. T. V. Prior appear...l in support of
an appeal from the 31 cc's order, and argued that this
was a men private traoraction between the petitioners and
lb.Tanr.er, and ought not to have been mixed up with the
amounts arse come .uy's assets, the company having been
In no way prisr to ,ranuiction.
Mr [Labor/it apposred fur the official m.urver.
Their Lordships wen, of opialeu that the order of the
Master shoals! he disettaiged, there being an sronud what-
ever for the e.sint •ktairt•l flee petitioners. As that claim
Dd neiginatcd eotirely with the °facial manager, they
dirotted that the costs of the proceedings upon it an tits
Master's elites •houlil b e plot by the official et.taager, az!
they of the appeal out of the estate.
- - - -

Sweet wee Low. cninweitaa are wax WU* 'rain&
El.nLr+lo,lll e. CuLLlrio.-81: /VAIN*, it to • MAR-
NISI, W./MAX OP A CuPTHOLD ESTATII To A SISWAILLi
01 A MALAIIa. WU./ i• A MIXOIII.
This was an ay; era hum Sir G. Turner when Vier-
Chsuct 11, r, who decided that • surrender by a married
woman of • copyLohl estate to tile deputy-steward of a
Mao', who was • minor, was saki.
The ease, which iuvoived • que,tion of very old law, was
suued at some length, and the court pestponed judgment.
The Lord Chancellor, after going rlirOugh the (vets of
the cut, which are of no interest bet to the parties MO-
COMA. said that it had been contended that the infancy of
the deputy-steward wia sucu an error as rendered the sue.
Twaltr rim:: and void ; hat, upon the anthoritie. (which his
lordship carefully examined), he was of opinion that the
office of deputy.eteward was one which might be exercised
by a minor ; and, therefore, the deciviou of the court below
mast be affirmed.
The Lords Justices having concurred,
The appeal was dismiawoi.
Re NiItIr.:.—LUNACT.

In this well-known case a petition was presented soon
after the decision of the ioquisitioo, by which Mrs. Cum-
ming was found of nesound mind. asking that the edds
which hod been incurhil by the petitioners might be made
a charge on Mrs. Cummings estate, but payable after her
death. When the petition came on for hearing, it was or-
dered to stand over, and sine° then an agreement had been
drawn up by Sir W. I'. Weed on behalf of the petitioners
(Mn. Cummings children), and by the Solicitur-General
en the wart of Mrs. Cumming (the terms of which were
tally reported a short time ago), but the Lord Chancellor
then doubted whether be lad th,. power to carry that agree-
ment int.) effect, and ilirec•A that the traverse brought by
Mrs. Cumming should be tried. The petitioners now ap-
plied that the emits which had already been incurred should
be paid.
Mr. Follett and Mr. W. Morris appeared fur the peti-
tioners.
'tee Lord Chancellor expressed a doubt whether he had
jurisdiction to make such an order while the traverse was
penilinz. Ile then asked if the fiarties were now willing to
abide 11 the arrangement, the tenni of which had been
agreed on at the last hearing ; as, upon consideration, he
was doubtful whether he had not been somewhat hasty in
thiokirg that be bad no power to carry it out. lie was de-
'irony of having the opinion of the Lords Justices; on that
Mr. Follett and the Solicitor-General both expressed
their readiness to abide by the arrangement.
It was then arrang&d that tue matter should stand over
until the first day of the Sittings after Term, when the
Lords Justices would report their opinion as to the power of
the court to carry out the agreement.
Ras DUTIII4 AND DIAL DAILWAY.—ME MIMATT, RS