The Express.
London, England, 1858-03-22 00:00:00

ASSIZE INTBLLIGENCE.

HOME ClRCUlT.—MmuirroxE, Nam( 20.

CTIII. 8101.—(Bdon Mr. Jr*. Me and a Special Jury.)

JORNSTODIR V. MARTIN.
This wee an action of ejectment to recover possession of an
estate at Tonbridge.
Mr. E. James, Q.C.. and Mr. Hawkins, were for the
plaintiff ; the Auer rey-Gerimel was brought down specially
to condor the ors of the defendant, with Mr. Bovtll, Q.C.,
Mr. J. Brows, god Mr. Chitty.
Mr. Hawkins opened the pirdrp, sad maid that the plain-
tiff was Mrs. irminnisk Johnstone, the widow of the late Earl
of Annandale, and the sera wee brought against the
defendant, Mr.Theers Kers, to rower poressimdfronfhim
of a farm called Cage Para, erred at Hallow, in this
county.
The Attorney-Gassed rebored the jury, and add that a
prima bete title to the property in question being admitted
to be by the plaintiff r heir-et-law, it devolved
upon him first to lay before them the case to be set up by the
defendant In answer to the preemie action. The defendant,
Mr. Threes Martin, was • young gentleman who had lately
succeeded to considerable property nrn the death of hie
father, and he wen now estidesly celled era to defend the
power= of that property, to answer le the claim of the
plaintiff, who perhaps ought eo be caned the Counter of
Annandale, but who, insurer as the dins of her heard
to the title of Earl of Annandale bed weer been 'darted by
the House of Lords, bed her,perbspe, more oorrectly
described by his learned friend se Mrs. Jokester. It was
impossible for him to predict how ion the err might
weepy, but he must say that ludas W Insernetiess wen alto-
rather founded is error and misapprheries, end unless the
beta narratedwere merely the remit of • shadow or • dream,
be was astonished that such a claim se this resent should ever
have been set up in an English artist of Price. He would
tprpleinto thin rely ibotily bow it amebic' that, sp-
C;lafon behalf of the ddrdant, be addressed them
finseence. The platntiff alleged that she wee the heir-at-
law of • lady named Frances Allchin, who by her last will
sad testament had devised the property in question to the de-
Modest, who nnw held it under that will. He did not die-
pre that the plaintiff wee the heir-at-law of the
sad far the purposes of this dial that fact was admit=
trims he could establish that the will wider which the pro-
psty take& by the defendant was • good and valid
the plaintiff would be entitled to their
verdict, and It devolved upon him to establish
that fact to the *addenda& of the jury. By that
will property to • considerable amount was devised
to the defendant's father, and the only question for
the jury wee whether the deceased was In • competent state
of mind when she ;executed that will; sad notwithstanding
the difficulties that were thrown In the way by delay and the
deaths of a great number of persons who could have Ova
important. if not unanewerable, evidence upon the subject, he
enter wined no doubt that be should be able to mike oat is
the most clear and positive manner that the decersd wee
Crily competent to execute the will in question. It would
soessary that be should give a few preliminary particulars
reercting the funny, in order that try might the re et
understand the ere that he should have to lay before
U. Tice father of the deceased lady, Mr. George Ali-
o:lds, wee serried to her mother in the year 1767.
rid Miss Fraser ABAIR was born two rare
sherwerds, in 1760. At the time of the the
oP7=y in quartos, the Cage Form, which three
hundred err, was the property of Mr. Allchin's
wife with power to deeis of it to whomsoever she pleased;
sad by a settlement easde in 1302 or 3 she settled the farm in
fee irk on her alder daughter, the late Miss Fracas
Alielda. The only isms of the marriage was two daughtara
Presets and Harriet. The former remained unmarried until
hr death, in 1846, and the other married • pence named