The Express.
London, England, 1859-11-09 00:00:00

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EQUITY COURT&—Nov.
(Before Vice-Chancollor eir R. T. Madanley.)
JAM V. CuLIATON.

This rat was instituted to est acids a contract to mil to
the defendant, Mr. Colbsteb, a moiety of the Albion Hotel,
Brighton. In 1016, Mr. Colbateh having purchased the
land on which Rummell-house then stood pulled it down and
ended the Albion Hotel. The business of the hotel In-
creased so much that an adjoining house wee taken and
added to it. Mrs. Ridley, Mr. Colbstch's deter, was entitled
to one moiety of the property, and she carried on the hotel,
flat in conjunction with Mr. Ceiba& and subsequently as
her own noes eat. Mrs. Ridley, by her will, gave power to
her *seesaw, Mr. James, who had married one of her
daughters, to raise 2,0001. an the property, and subject
to/ that she devised the whole of her poverty
to hr two dategltters,:Mrs. Jame and Mrs. Beetle. At the
time of her death an arrear of rent, amounting to upwards of
4001., mediae to Mr. Colbetch. After her death Mr. James
carried on the business of the hotel, end the arrears of rent
inoreamd anti, it amounted to more than 1,70 W. The result
wee that a distress was put in, tint so as not to interfere with
the huskies& end a °Detract wee entered into whereby Mr.
James, in he character of executor, speed to Dell all the in-
terest which he had in right of his wife to Mr. Colhatch,
Mr. Bemis and hie wife sanctioning the contract, which
was to embrace likewise their interest, so that,
in fact, the whole interest of Mrs. Ridley at her
death was embraced under the contract. The price agreed
upon was 11,7201.. which included the freehold and the fur-
niture, plate, end linen in the hotel. The furniture and pro-
party wire valued by Mr. Abbott, who went down from
London for the purpose, and he valued them at • muck
larger amount then the sum which Mr. James had agreed
to take. Other persons had also valued the property, who
put it down at some varying from 13,0001. to 17,0001. The
meant bill was filed by the children of Mr. James, by their
next irked, to set aside the oostraot on the ground of under-
value, and also on the ground that the contract was entered
into under pressure when Mr. James wee under the power
of Mr. Colhateh, and that he had no power, as triodes for
the plaiullffe, to enter into be contract. The counsel for
Mr., Colbetch admitted that they could not enforce the
omnivore se to the realty, Mr. James having no power to
actor into It. The only queation therefore which remained
was as lo the furniture, as to the value of which the evidence
wee very conflicting.
Mr. Bally sad Idr. Hardy appeared for the plaintiff ; Mr.
Glum and Mr. Villiers for Mr. Colbatch ; and Mr. Crack-
s& for Mr. and Mrs. Searle.

Mr. Baby having been heard In reply,
The Vice-Chancullor said be would not make a decree
now, but be would intimate his opinion' in order that the
parties might 031110 V) tame arrangement. He thought that
the agreement under the circumstance* under which it was
entered into was beneficial to both the families. The plain-
tiff, no doubt, might say he war the person to judge whether
the contract was beneficial to him, just as a person might
have a right to cut his own throat. Bo far ea the plaintiffs
were infants the court might judge for them ; but Mrs. James
and Mr. and Mn. Searle were not infante, and either the
aaggrteement moat be set aside or it must stand, and the bill be
If be should determine to set ft aside, the Mast
he should do would bo to allow Mr. Colbatch to obtain the
rent dus by the tale of the furniture. He had said all this in
the hope that some arrangement might be come to, and any
arrangement, Ise thought, would be for the interest of the
parties interested in Mrs. Ridley's estate. He did not think
a case had hem made oat that the price to be paid either for
the realty ar the personalty was under mine. If within a
short time the parties could not enter into some arrangement
he would deliver his judgment.

COURT OF QUEEN'S BENCH.—Nov. 8.
Sittings in Banoo.—(Baton the Lord Chief Justice, Mr.
Juidos Wightriset, Mr. Judos Hill, end Mr. Judas
Blackburn.)

IX WINSLOW.

Mr. Bovel, Q.C., moved fora rule calling upon Mr. W. 1
H. Brewer, a surgeon, of Newport, and we of the coronets
for Moomouthaire, to show cause why a criminal info,-
man= should sot to Bled against him on the ground of
improper conduct is his capacity as coroner. He moved as
behalf of a gentleman named Winslow, who reeded la the
same county, sad the improper condom charged was that
Mr. Brewer had improperly held an inquest on the
body of Mrs. Winslow, the wife of the applicant,
leaked thereto by a desire to obtain fees, and from a feel-
tag 141:feLealousy towards' the deceeeed lady, whose memory
he to asperse. The allegation was that Kr. Brewer
had held the inquest merely upon the regnant= of a polke-
man, and that the erratum' of the two inhabitants attscbed
to it lad been procured after the *oat had hew held.
Mrs. Winslow, it would ecm, was a lady possessed of con-
siderable medical skill, and earned a great deal of money by
prescribing for persons in the country around. At the time
of her 'teeth the lived apart from ber husbaud, but with her
daughter and a servant. Fur some time previous to her
death 11b, had bees labounng under dropsy, but "teeing
much soufkience in her own medical abilities and feeling
convinced that her we wee hopeless she declined to
cell in a physician, and so she died in April this year.
She was to be bwied on the leth, and on that day, after the
coffin lad been fastened down, Mr. Brewer. having ram-
mooed &jury together, hold au inquest on the body, when
the jury retuned a verdict of " death from dropsy." Mr.
Brewer's fees were seawards retueed to hiss:toted he declined
pressing his claim at the quarter o.llioll/.
Tles lard Chief Justice—Do you impute corruption to the
comer
Mr. Brant—Certainly, my lord. We say he was influ-
word by a desire to create fees, se well as triennia d by •
feeling of jea:uusy towards Mrs. Winslow, on account of her
large practice and her declining to call in a medical Won.
One of the grounds assigned by Mr. Brewer for holding the
impost was, that the deosseed had resided alone with a we-
vain, where's, as was well known, her daughter, Miss
Winslow, had lived with her tor three years.
The Lord Colef Justice—You have said enough to entitle
the court to call upon Mr. Brewer fur an answer.
Rule sooordingly.