The Express.
London, England, 1859-05-31 00:00:00

LAW DITELLICHINCE.
(TWI DAT.)

ROLLS COURT.
Viet.*Nal W. LWOW*.
It it Fat* Sal yet forgotes that 'beat the Istesshig
dew, swiegrarian poet, Welter Serge Lostlee,
gee fiat 1,0001. damages foe • very pees
bki as the wile of the Reversed Mr. Tar
"be. The pearl suit I. the sepia to lbs
ba peoerthip The Pdgmeat for 1,0001. iimespe ad
pa ars was rend up ea the filet el Jewerporill err
Minted en the 7th el Faresey rt. The bill alleged AM
A. UAW had pas to Italy to avoid paper; eel
ea ass Orli& bad sued at ma 'legit a•
boadpert, bet were wills to execute it to acesepere
el the drakes having ao blade vested ie his at tow. The
pleiatifis,' however, had secertalsed that • Arras iris
mild Ipekry Corot, producing about 1,2001. a year, wangled
h she two other drodsets, Walter and Robert lair, ere
boo fa Walter &rugs Landor for his, wldi Near MAW
Pr ever. They accordingly lied this bill, pogyhtg•derese
to Am judgment was • chugs epee
the s* d
Reim large Laador, and that the Wastes might be WY
eilaiald Irma mime the mate to hr. To this bill •
dersorrer vas pat in, and Arend highly Whorl ports el
law were real le the Ira ;dam it wry said that the
*meat amt prohibited soy proceedings la equity to
Abet the her& of a slimmed judgusit
the gin*, of a ytor from the reelltilliAlA
This wee ask se the pat of the Oita td
argseasett that their resent application weasel le MAO
their Amp, bat to Marred the property 'WA the She
isms to doing so, awl a &oleos of Lod
Tore, that this might be dose to the ashy=
awl of Mock, wee relied on as equally applicable to
the Mee of load. The piano& also coatemded that rep boa
pod owe ladeptadently of the statute, Wog IMMO
mesas disk eiegit at law; bat to this so Ajmer Mr Orr
that riser seder the Matra ca Fears, or ales by Alt
Ara of the Common Low Pr^cedure Act, the plaletille
eight recite their digit agates.. the trust estate at law,
ethesgh It wee rosined that such proceedings wadi
be bares of say practical molt, as there were no mar at
low of *impel hog the trustees to give up powasioa. Be.
sides this substantial rejuinter the plaintiffs relied on the
eleellert in the bill, that they were treble to execute the
Agit, which, they contended, was salident in the
no or a demurer. The ere was argued to
the 3th of May, when the Maw of the Rollo
took time to resider. The seasig Ids WOW
pee judgment, sad said that there was thepaieh sops&
stoat of which. If &terminal In /mew of the
would macs to support the bill. The Ma was as Is Ihs
plaialit's right under the statute to erste the seat vials
the yet to have the equitable life err of the
debtor impounded to answer the judgment. rdell.N.i ties
peeled oa the 13th aectioa of the set, 'Mob esseleg
that • registered jridgmeat should be a shade IS
the debtor's Interest la soy lands, but provided that
aortiewiiiage •Itoald be takes to realise the charge At •
period of twelve months. la the cre before Lord Trim
a predasly similar quevtion was raised with mere
le a Ism of stock, which kind of property wee
Mk with byte statute in the soma ways land, ex.
op
AA As pred of delay was ail months foster of a yew.
Log True fail that the creditor might have the sod of
Its lest to =Amin the Wander of the stock within
Ile is ms d& Bat it wee said that there was aMr
Nachos betimes Meek sad la, sad this wee true whirs imi
Abject rie re the leberitauce, though WM thin
out weea dNstoleratetrpreventltedad.Mtemallytolerate
palling dew banass, imam timber and the She DM elms
dr is** mailer wee a lite inters, the resat mit bat
sr the oily Wog to be charged, sod to take the ildioillmt
to mobs oat egisealler this might drifts Mae ple!_sfleldte
Isolkszpready sham by the haute if the defisdast shwa
hippo to die his the sad el the pow. He Roam aid
Anti aterwhileg thie shw. ft Mom tomeoloory M Menem
00 other poiat, dither the inegreililitp d obtolaisi execs-
tioe at law wasseanently waled by the bill sad admitted by
the densoner. T s trustee were sate rlight to must the
as it was that dry to &had their trust, but the
In the etelesesete ef the bill to have
impirded I. the heads of the trustees
all the Iles arrived to obtaia the bengit of
the ram glen by the Astute. The demurrer woe
accordiatly Areeled, ad ea order wee made on tootles
for sa Injurer es reareia the Sato s from paying the
nets to the abseseding poet,
Mr. Para sad Mr. Herber wee the coral for the dr
r=delltedere ; Mr. Pass sad Mr. Southgate for the

COURT OF COMMON PLEAS.
eittiap it lieusto.—(Baton Lord Chief Jostios Ceeleburs,
sad Justices Wallows, Miss sad Bytis.)
IST SAIL OF eIIItSWISSOIT O. SCOTT •NO °TIERS.—

VII GILT 8111111WSIVIT
Thus was an series brought by the Berl of Shrewsbury,

to mover poseesalos trl Vto• Town, together • Alt exten-
sore estates held by the Ine feet The plaintiff d•imd them
ender a rivet. sot of parliament, the 6 Geo. I. oey 29, end •

dad at ;Ittheaset ; and the dahadeato who were otaczt4

of t►e We earl claimed tlum lustier far the law

KS a the Deka of Nortidt,te whom that Inortmeat purported

to dories lime. The ma raze cat for trial blears Lord

Clied Justice Cockburn, what after some evidence had lems
gives It wee arranged th a a rerdic•. shou'd be Wend kr
the piglet!' sobjoss to the opicion of the fall and spa

certain potions allay. Arardirigly • role was maim-
quad, Awned to stair • verdict far tY doisoksts, sad
tidy canes was glows against this rah Wag made aboo-

Mr. Role, Q.C., Mr. llsaisty,

(LC., Mr. ill* tad W. Hausa (astractod by Mr.ltichsid
Niabahas, at epriegarimaa), append he the *Wit ;
rd Mr. Radom lbw, ISr Wand astbell, Mr. Baolaksy,
Mr, R. Hall, sod Mr, Ardilbeid aserretad by Mame.

Carrie awl *Mao% of 16oaliiii4a-11•Lis), wars for the

The AtteeiwyaGeneral said be had now to show mom
opium this rale, sad he 'mid ehonly date that thle
wee sa scam sef ejectemat broaght to recover • was-
dos lard Alta* Towers, sad tb• park sod groan&
In the county of Staffrd, the chief maseimPhense
of the estates ef the Earls of Shrewsbury. There
estates were Ingaiparably awarded to the outdoes of
Shicrosbary by an act of parliament plowed chiefly for that
impose in the year 1720. This set of parliament is chew
end upon. term. rettted thus estate. two. coessin member*
of the Talbot family then in existence, and their Miss male
is two or throe liege of enecreaton, and epos Were of
Mete war hair apoa tea Bala of Shrewsbury for the
time beteg, r his,. male of the body of tka prig But
of 'blushers: On the Ist of Jam, 1668 the Home et
Ludo promeneed jute's's% out the chits of the present
phiatit to tt at dignity be wee declared to have m.dis out his
title to, the Earldom of Blitevrebet7, sod be had aims been
woourowd to ;Arra ot by tbot tido, sad ewer as Ball
of BbrearbawY r the Boum of Peers. Be arecediegly
brought thin ejectment eider that act of parliament
Be melee' by the usenet of en haute child of Mea Dube of
Neefollt, claim* ender the will of Berman Arthur, the 17th
sad last Earl of &new-busy; and It wee on the put
of the defending. Met Karl Bertram Arthur who had
• secured a deed prisposting to dicrysil thew nt.'s a
yew or two Wes his death, which took place in
we. entitled by law to bar lb. ..tail on
three epeAle Nomads. First, it wee said that
Esti Bertsaus Arthur wee "dad of en Wahl tad to this
properly Dot =doe, rat by a UAho paramount to sod MO-
realest of the me. of peruser of &rum I , sad it was
sot Woad by Ile errs ageism iienatios In that set, or
indeed by that set et ill, end that he woe thereof. *stifled
Ly law to dimmed Uwe estates. Secuittly it woe said that
bovine regard to ths pseud laws effecting Romeo catholic.
at the time of the psalm of this act of parliament, and both
sheer acct sets eit peelisnent for the relief and emancits.
bra tattier perms of that religion ; even supposing Earl
Bertram Att. ur have Loin within the operation of the
art of Oen. 1., that three rotb•equent sets of p whereat
hid pat an cad to, sad, Is lice, reveled tbe errs loaddwd
all, 'take in the swat.; sad theteley lo wee cwatenged
tb,i sa Earl Gilhert, who was • mbar ell Oho ?triad of the
settlement in 1718, andel the Ad of Geo. 1., woe prodwild
La the penal sop the la Item from taro way Nur to
restrains of wbkb be marpneted to dispopie by that settle-
meet. and that, cromeepeatly, the A't of Geo. 1.. mitre*
out of the' reversion the limits.;. in favour of the Rem of
niewsiwt7 for the time being on lb. rafters. st
lbw elder breech. wee imperative sad of so Art.
Be would cell the attention aids. court to • short Watery
of thin great family at three important 'm *
.rinds; 1700, mkt@
of tottlement made by the had. sod Seel of Shrew-hoe,;
1718, when the set letiont war male to which Earl Gilbert
...utterly ; owl 1720, when the act of pirlisment Itself
wee named ; and he would also state what be cooretud to be
the ettait of 'be posed act. in the year 1720, eo that their
lordship. might be well smeared of all that in point of law
sod fw r it wee sacorory sherd be 'lndust, d, in order to
seer. the [mining of this mat of parliament. John the first
rutl was iseno..iled in 1112, the title of Foul of Shrewebery
sing conferred in Lem and the heirs male of his body ; and
true him it drovende4 hall lathsr to ei • until It reerbed
Lillheet the wreath earl. Fran kW it peered re Ye Welber,
the iehth earl, who died in the year 1618, sad thew torsi-
octed the direst line of this faintly. The dtlo then west to
Goon e, the Moth earl, who reprosewad the sewed Hue
be le ior descended from Su Gilbert, of Grafton,
K. 0., the son if jai, the trued Earl of Shrews-
Le ry From Gttbrt descended Sir J oho, of Albery,
mil fro to him by Me reerriage wiih Margaret Proper,
(hoer' the sin'ti earl. Th. Omit, then rood Ihmh
John, the tenth earl, to Treads, the sic each .eel. sod from
him to Cheeks, the twelfth earl, who room the twelfth