The Express.
London, England, 1862-03-07 00:00:00

ILab) inttlltgrna.

EQUITY COURTS.—Misca 6.
(Before Vioe-Chancolior 84 8.. T. iriodenley.)

DANUIL I.

This was a motion for an injunction to restrain the de-
fendants from blocking up the entrance to a vault under No.
4, in Mincing-lane, and from preventing the plaintiffs from
having meow thereto. Plaintiffs, who are merchents,
occupy No. 4, end defendants occupy No. 3. Messrs.
Daniel and Co. and their predecessors lases occupied No. 4
for 60 years, and during the whole of that time they have
had sod exercised a right of way through a trap-door into •
cellar miler No. 3, and leading under No. 5 into the vault
nadir No. 4. The whole of these premises were the sub-
ject of the snit of Wright r. Vernon, and under the a/-
replica of the court the property wee sold is ids. The
defeadeate bought lot 4, comprising Nos. 3 and
5, and the plaiiitatfs bought lot 5, competing
No. 4, the pumas' they themselves occupied. The
ecavejsau to the &Andean; has been executed, and lbw
have blocked ap the =truce which the plaintiffs hive hi-
therto enjoyed to the vault noder No. 4,and hence the
nit. On behalf of the plaintiffs it wee submitted tr tirS
se
conditions of sale stated that the property wee sold sub
to all existing easements u to light, way, or
whether mentioned in the particulars or plans or son ;
the lots comprising the house on each side of the plalatlffs'
pretnieesi were sold subject to the buyer making all wow
eery communications, but these was no such condition .t-
Cached to the lot of which the plaintiffs were the purchasers.
The defendants contended that they purchased without no-
tice of this alleged right, which had only subsisted by mu-
tual agreement, sod could not be binding. It was not per
tended that there had been free enjoyment ; in fed, &woe
entirely pumiesive, sad formed no pert of the sale of No. 4.
Mr. luly sod Mr. Dross appeared for the plaintiffs ; Mr.
Glean sod Mr. Drenakeal for the defendants.
The Vice-Chancellor wee of opinion that, issionah as the

vendor et both seta of premises was the lame purer, and
could not have nay right r against himself, thaw who ca
chased from hint bad so greater right or liability.
conditions were Mused with respect to these end other pre-
mises, sod were pedal, sot referring to this particular
subject. Os the grounds the motion must be refused,
with cods.

COURT OP PROBATE AND DIVORCE.
KRIM &
(Mon tbs Judge OTdkary.)
=mums". BURROUGHS AND SILCOCC.

(oopti;;;Slirrm yesterday's Express.)
The Rev. lomat White, cromexamioed by Mr. Mama-
lay-She had only bees three times to the vicarage
by invitation sines March —ones in May, another time
at • school treat, and the third time in September. She bed
come am often as three times a week to ass Mrs. White. Had
often been to Mr. Burroughs after March, 1800, for Mr.
Burroughs was tramming mese law humiliate for him. Did
not nwe Mr. Burroughs money, but had borrowed mosey
of Mr. &roman's father on tb• 27th November, 1800.
Had repaid it in money. Repaid, it in three instalmen_te,
6/.,101., end M., the last being in December, 1.86 L Had
stems) at thel net trial that be had called at Mr. Bur-
roughs' on the 16th of March, at Woes. 3 sad 4 o'clock.
That woe • mistake which whores now wished to cermet.
Had wished to correct it at the times hat had so
nay. Had written oat a sketch of his whim* =stet
it to Mr. Tolls', the petitioner's proctor. Had beard Mr.
Merck state at the trial that he was way miles away
from &albedo on the afters°, n of the 16th of March. Was
examined haters Mr. &bock, and afterwards heard him
E: his widen*. Nov' went into Mr. Burroughs' hone°
the back door except when Mr. Burroughs wee with
; but bad dim rolled at that door when he ap-
proached the house from a °erten part of the perish. When
be um told by the marmot that her =Stir or mien was
at home it was witmearea practice to go round to the bent
door to be let in. Could sot my if footsies' as the pore
walk leading up to the front door would ben bees audible

in the dining-room. Had remonstrated with Mrs. Bur-
roughs ow her coaduct. Kept • diary, but did
not enter in it all the remonstrances which he addressed to

li;pans--7iiioners. (Laughter.) Said to her, " I am sorry
to bear such reports about you ; but. I do not spoil( merely
from report ; and I think you would do well not only to
love your husband but to obey himl aad you know he km
ordered you not to see Mr. Silcuck." She replied that from
that time witness should hear no more about her conduct--
that alms could not of course help bowing to Mr. Siloock, bat
that that should be all. On the 27th of November withers
remonstrated with her for not having kept that promise,
and mentioned to her that he had seen her walking with
Bileock. Know a family called the Nests. Visited them
like the rest of his paishioners. Had met Mr. Burroughs
there once—he had been defending a case of affiliation for
Mr. West's son. Had never met young West at Mr. Bur-
roughs. Might have had a glass of wine at Mr. Burroughs' ;
but had never drunk a couple of bottles with him. Wu
not fond of drinking. Mr. Burroughs might have had
more than a glass while witness was with him. Did not
notice what be took. (A laugh.)
Re-ezarnined—Belare going to Mr. Burroughs on the
16th of Marsh witness had been into the house of James
Mays, whose wife be understood was ill, and also into that
of Mrs. Rogers, who was dying. Reoollected that he had
given a wrong time directly after he had left the witness-
boa on the last occasion. His attention had not been parti-
cularly called to the time of the day.
William Howe, who had been a labourer in the service of
the petitioner, repeated his evidence as to an act of adultery
which be averred he had seen committed by the respondent
in the early part of the year 1860.
This being the petitioner's case,
Dr. Phillimore addressed the court for the respondent,
contending that it was incredible that any young lady who
bad been decently brought up should have acted in the
manner attributed to Mrs. Burroughs, as that Mr. White
should have allowed his wife to continue on intimate terms
with her if he had really witnessed the shameless conduct
to which he had deposed. The evidence of Hoes, the
Lathed civilian submitted, as be had done at the former
trial, was wholly unworthy of credit With regard to the
recriminatory pleas the learned counsel said be should pro-
duce evidence to show that, Mr. Burroughs affections hav-
ing been alienated from his wife by the idle gossip of Stal-
lions, he had fixed them op a young lady in the neighbour-
hood, and that the probable object of the present suit was
to enable him to convert his connection with her into a
sore reputable one.
At the conclusion of Dr. Phillimore'l speech the court
adjourned.

COURT OF BANICRUPTCY.—MARcIi 6.
(Before Mr. Cornmissiocer sumo)
IN II THE PROPINSIONAL AND OEYOAL LOAN AND
DINCOOFT COMPANY (caurin).
This was a petition for winding up. Mr. Doris appeared
in support. There was no opposition. The petitioners are
Mr. George Richard Pemberton, of Chertsey Major.Gens-
ral io the Indian army ; Mr. Thomas Pommy, captain in
the Royal Navy ; and Mr. Charles Burnett Bay y, lieutenant
the Royal Navy. The int is described as a creditor and
oontribstory, and the two last as contributories.
From the allegations in the petition it appears that the
company was only incorporated in September last ; its
registered cams were at Chaados.chambers, Buckingham-
street, Strand. The objects of the company were stated
to be "to bind and advance sums of money from 51. to
100,0001. &rim or short perioda,npouall kindsof securities,
whether realer personal, at the lowest rate of interest coo-
'Went with safety and the interest of shareholders, and
also to cash and discount bills of tradesmen and others,
with powers to the company to do all such things as were
incidental or conducive to the attainment of the above ob-
jects, or say of them." The nominal capital of the coin.
may wee Axed at 100,0001., io 20,000 51. shores. Only
325 shares had been issued, on 125 of which 5a per share
had been paid ; the other 200 had been issued ea paid shares
to the directors, including the chairman, Mr. Robert Wear,
of Clapham-common.
The liabilities of the mespany ore only some 1,1001.,
which it is expected will be met by the calls.
The order for winding up was made.