The Express.
London, England, 1867-04-26 00:00:00

COURT OF QUEEN'S BENCH.

Sittings in Banco.—(Before the Lord Chief Justice and
Justices Blackburn, Sheet, and Lush.)
MACKENZIE AND °TREES r. STERLING.
Mr. Manisty, Q.C., said this was an action tried at Car-
lid, before Mr. Justice Shee, when the jury returned a
enlict for the plaintiff of 40f. is. lid., with leave reserved
by the learned judge to move to enter the verdict for the
defendant. The action was one of trespass in taking
minerals underneath an occupation read which divided
certain lands belonging to both parties. The question
was whether, as the learned judge had directed the jury,
the boundary of the two properties under the circum-
stances was a middle line to be drawn between the fences.
Rule granted.

Mr. Gain, moved for a creed rule in the same
ease to met aside the verdict on the ground that it was
against the weight of evidence, it being contended that
the property in the whole of the road belonged to the
plaiutitfi.
Rule granted.

COURT OF EXCHEQUER.
Sittings in Banco.—(Before the Lord Chief Baron and
Barons Martin, Bramwell, and Pigott.)
SLAVS r. !SLADE.
This was a special case, stated for the opinion of the
court, and involved the question of the right to the Slade
baronetcy and estates. The plaintiff was Sir Marcus John
Slade, the claimant ; and the defendant, Alfred Frederick
Adolphus Slade, who appeared by the name and title of
Sir Alfred Frederick Adolphus Slade, Baronet.
The Solicitor-General, Mr. Kingdon, Q.C. Mr. Henry
Buller, and Mr. Howe, were for the plaintiff • Mr. Cole-
ridge, Q.C., Mr. Mellish, Q.C., Mr. Henry Matthews, Mr.
liens, and Mr. Wallis., for the defendant.
In opening the case for the plaintiff the Solicitor• Gen-
eral said the proceedings were in the form of an action of
ejectment brought by Sir Marcus John Slade, Bart., and
Alfred Frederick Adolphus Slade, who appeared by the
name and title of Sir Alfred Frederick Adolphus Slade,
Bart., to recover the possession of the manor of North
Petherton, in the county of Somerset, and certain mes-
mutes and buildingssituate in the several parishes of North
Petherton, of St. Michael's Church, in that county, with
the rights, members, and appurtenances belonging thereto,
commenced by a writ issued at this court, and bearing
test on the 12th November, 1863. On Ist August, 1866,
by consent of the parties, an order was made by Mr. Baron
Bramwell, to the effect that a special case should be stated
for the opinion of the court, that evidence should be
taken by commission, that the admissions already
signed should apply to the evidence taken under
such oommisson, that all the evidence ten-
dered should be received, and the court should
determine any question as to the admissibility of such
evidence, that the court should have power to draw all
inferences of fact and law from the evidence in the cause,
and should direct judgment to be entered for the claimant
or the defendant. The costs would follow the event.
Further evidence was accordingly taken under commission,
and it extended over several volumes. After describing
the nature of the property sought to be recovered, with
its limitations, it said that the late baronet, Sir John
Slade, died on the 13th of August, 18.59, and on his death
Frederick William Slide, being then his eldest surviving
son, became entitled to the property in question as tenant
for life, under certain limitations, and entered into and
continued in possession until the Bth August, 1863, when
he died. Upon his death Frederick William Slade. the
defendant in this action, entered into, and has continued
in possession of the property, claiming to be entitled
thereto as the first son of Frederick William
Slade, lawfully begotten. He alleged that Frederick
William Slade was, on the 23n1 December, 1833, married
to Barbara Maria Mostyn, a spinster of the perish of St.
George, Hanover-square, in the county of Middlesex, and
that he was " the first son of the body of the said Frede-
rick William Slade on the body of the said Barbara Maria
Matra, lawfully begotten." The claimant admitted that
a ceremony of marriage was gone through at the time and
place aforesaid between Frederick W. Slade and a lady
calling herself Barbara Maria Mostyn, but he alleged
that the lady, though calling herself a splinter, was on the
Gth of October, 1825, at Milan, in the empire of
Austria, married to M. Carl von Kosher, an Austnan sub-
ject, and an officer in the Austrian army, according to the
laws then in force in that country, and that such marriage
was subsisting, and M. Carl von Kocher living at the time
the ceremony was performed, and at the time of the birth
of the defendant, and that the defendant, therefore was
not the first son of Fred. Wm. Slade lawfully
begotten, and that on the death of the latter the claimant
became and was, and is entitled to the property
in dispute under the limitations contained in certain in-
dentures of the 30th and 31st July, 1832, which formed
part of the documents in the case. The claimant was
General Sir John Slade, the brother of the late Sir
Frederick Wm. Slade, the well-known Queen's counseL
The learned counsel said the cue was one of great im-
portance . • but though a very painful issue was raised, no
one could blame the claimant for asserting his rights, nor
the defendant for standing ap for his rights, am the eldest
son of the late Sir Frederick Blade.

[The case was proceeding when our report left.]
COURT OF PROBATE.
(Before the Judge Ordinary.)
GOTHAM) V. GOTHAM).
Dr. Swahey and Mr. Searle for the plaintiff ; Mr. Cole,
Q.C., and Dr. Tristram for the defendant.
Tire testator, a farmer at Cork, near Taunton, made a
will on the I.lth of February, 1860, and in the following
July he was thrown out of a " trap" and killed. His
widow propoueded the document, and probate was resisted
by his father on the ground that at the time of its execu-
tion the deceased was too drunk to understand its con-
tents. The case for the will was that the plaintiff, who
had been married to the testator for more than 20 years,
knowing his fondness for drink and for spirited horses, had
promisedto bring him a new suit of clothes out of her
wages if he would make his will. He accordingly had one
drawn up in her favour, and had signed it when in a state
to understand perfectly what be was doing.
The widow said that her husband had had some accidents
before the fatal one, but she could not say that they were
owing to drink. He had sever beaten her when he was
drunk " to injure her," but he might have given her a
blow now and then. She used to look the door when he
did not come home, but she had never locked him out.
He might have come home late and omitted to call to her
for the key, and in that case be might have lain down
in timetable. Had never threatened to leave him on ac-
count of hi.. drunken and violent habits.
[The came was proceeding when our report left.]

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Holreyd.)
IN ILE F. H. D'AltCle.
The bankrupt, described as a translator of languages,
and editor of the A edayraplair Mirror, came up for exami-
nation and discharge. His accounts show a total liability
of .1,500/. ; assets stated at 3,1001., property of the value
of 1,4701. having been riven up to the amignees.
Mr. Heather appeared for the assignees, and consented
to an adjournment, as arrangements were is progress with
a view to annulling the bankruptcy.
A proof for 301. was tendered on behalf of a cleric to the
lankrupt, and was objected to on the ground that the
o•dwy was to be pail in the event of the AutograpAie Mirror
proving successful, but not otherwise.
Hi, Honour thought the proof ought to be admitted,
and the only question was how much of the amount ought
to he paid in full. He would consider that point, and in
the mealtime the sitting would be adjourned.

(Before Mr. Commissioner Goulburn.)
TN RE ANDREW BARRON.
The bankrupt had traded under the firm of W. Rattray
and Co.. u a merchant in Rood.lane, also at Barbadoes, in
Partnership with others. This was an adjourned sitting
for examination and discharge. The liabilities are stated
';4,1117u/.; the assets and property held as security are re-
turned at a still larger amount, so that if realised, the
t•tat, will show a surplus.
Mr. Reed appeared for the assignees ; Mr. Bagley for the
Colonial Rank and other creditors ; and Mr. 11rough for
the bankrupt.
It was stated that there was an amount of 12,0001. locked
rap in the Rank of England by reason of conflicting claims
4,15 made to it, and that proceedings in Chancery were
ling.
An adjournment was ordered, with a view to certain
arutioloienta in the accounts.

IN NE VIER.
The bankrupt, who was • captain of marines on half-
-1.1!. had traded as an ice.refrigerator manufacturer, of
1-1.1..ey-street, Chelsea. Debts, 3141.
,2it. Reed and Mr. Doria opposed. The bankrupt bad
' 'optima to render a cash account, which was un-
l",,.dactory, and another adjournment was asked at the
n.krupt's expense. The bankrupt stated that he had lost
1.24°. by the manufacture of refrigerators.
du adjournment was ordered.
IN RE REARDON.
ILI bankrupt was a dock labourer, of Spitalfielde ; and
taqugli there were only three creditors, the debts being
-1, the case presented some peculiar features. Prom the