The Express.
London, England, 1850-12-07 00:00:00

ILam *ntelltgence.

EQUITY COURTS.-TurnDAT.
ttereu bet.'_llAWCF LLCM [min Borah
04 SPRATTS C. Yuttso.-BITTLIMIWT.
TWA eve, chic,' has herr, before the court on several dam
tares print poi I on the eonitiaation of a willows el
Madame !Wiwi, who affirms/de married Mr. G. A. Yowl,.
The circumstances are Icily noted in the jadimmt.
Sir F. Arcipkici a. Mr. Rawl% Mr Wieram,
Cooper, Mr. Kenrci,Perker„ Mr. Bacon, Mr. Jew. Parker,
Mr. L4/d, Mr. C.sapbell, Mr. W. A. Conics, Mr. Eldertets,
Mr. G. A. Y hag, and Mr. Brakina argacd the ears too the

sowerlymu.a.
TM Vice Chastener said the fates were thew:—The late
Mr. Wetter le't at his &•+.h a widow with taree infant
&Wren handsomely previded for. Whea the property eras
int settled to 1819, it might well have been thought to
aced seemly the means of comfort and well be ire and pr-s
parity foe his flintily. Under scam sad destiny meld Mister,
however, i s effect to lb. m Lad been distress, elleonice, trou-
ble ettuesee, and coalmen, The widow the year lin •
contracted a mooed souriege, without any settlement, sad
by it, in law, her int ttttt two-thirds of the Meows of the
property settled on her first merriest* became psyable to the
stepfatber during the joist lives of himself and her, subject
to her equity tor • settlement, a eight which recently had
been street d. With that eheeptioie the whole of the two
thirds of the income, being that which did not belong to the
children, ma absorbed by incumbranere created by the
wood Anshan t, who, if be wee sot now, bad been ins state
of colloid. treble embazimenuat. N„r bad the eon, who
attained his majority in 1343, bout without his pecu-
niary difftenteies ; for • sum of 3,000!. appointed to
him uncooditinselly by his mother, subject only to her life
interest, to eneux.hered without deity. His ineumbranem
with those of hie stepfather were now before the court. Kw.
Young had a less appointed the bola residue of the capital,
subject to Ler life int in her son's favour, to the ex..
clusien of Ler other two children, and this in the face of an
agreement tweeter. the brother and sisters, known to the
mother e kith .he fair*. to coed not beestioned), to
ide toad, in all 'mete, equally—an agreement qureement now
disputed by the blether, the mother, and the step'ather—
and disput d on One ground, or allegatioa, whether correct
or incerrect, thet ite I sr et France, the admitted country
of dallied of the daughters of their husband", prohibited
such • contrite. I lee meet remarkable instrument, for
wtich, of coJt.e, he did not say that Mrs. Young was
board to give remelt of any kind, give to he r present
husbant and her toe 'he blued: of, sod deprived the sisters
sad the ir hustemi •of all partieipatien the income during
Mrs. Towle. lee, which probably a testamentary eppoist-
meat could sot do. Bet wherover the fault might be, it
seemed dear that Mr. Taupe and—up to the present
moment—Mr.. Your.g were on had terms with the daughters
and their haehenels; sad it rat Vans than probable that the
dinette's had been unkindly and harshly treated by their
mother tied the step-father, or at least by the father. There
appear d reason to believe tit went to inch • length, as to
render it iste.dieet nr nece.eary for the young ladies to seek
some other pudic. i et—to shelter themselves elsewhere
then to der the roof of their mother. The plead-
lags and the evidence appeared to his /lunette to
show • nicv"ei /en, • euspititin, er score than a suspicion,
a fair aperete neon that LLCM were god weuld be enter.
Lined view" mite re sped to gbh property avhi.h ought sot
to haw. hem end ought not to he enterteined —designs
which might podhly massed, hut which perhees" the court
might sot despair of averting. His limner could not avoid
seeing that if the sir event for an equal dieribur on be-
tween the sot rs sad broth.? should Lot stand, It was pr
liable that the validity of the appointeneet in favour of the
brother, i itch .eel I remain harm/ Aced, would, whether out•
eardeUy er ussuccessfally, be qui atiened. is this Mate of
things it wee mg (with the approbetioa of the defendent,
Mr. Baran') dim[
by Mr. Young and by Mrs. Young,
who wee at present living with her husband, that this large
eluded moo. rig she. old be transferred by Mr. Kirby late the
Malmo( A'nee.lt sod Sweetie trustee', whew d nominal') and
fa reality be Mn. Tieing and ol whom Mr. Young eppror d.
This was as assertion of that lees 's power to appoint r. • w
time, and it might b e :teem.' forth, purpose of appeintiog
other persons in re with Mr. Kirby, and on the di ath or
Mr. Kirby of appoit tiog his suet um. Upon the whole, if
his Honour litre In‘knd to say whether, according to his
view, this pow, r wm given to Mr. Young by the settle-
ment, he shovel parse, sad decline answering, as it did not
app ar to he nee-way toe any present purpose to answer that
questien. In wee turn Met to oharve that grounds bed
been shown for dieted...lee the petitiou" with a reservation of
costs, grid directing the feed to be brought lido court, and
the Weld:Iola to M p :id according to the present rights (as
to the inceeey id Mr.. Tomo, her dinette'', and her sea,
and the intuit-lir-tome of her toe and leibleand.
Cerra V PALIION.—AITOMIZT AND CIJUIP.
The teem of that case eta also sufficiently stated la his
llormar's judgmeth
Mr. L e. Mr. demos Porker, and Mr. P. S. Williams
appeared f x the Owed, who was • solicitor, and ought the
specific performs .. e of cootrect for the purchase by tins of
some property bit ngicg to the defendants, who wire his
client,
Mr. C. P. C meer, Mr. Moline, Mr. Itederton, and Mr.
Crso,z were far the deferments.
TheYee.-Cheacellor said that some leads in Erez,be(oogiag
to three ',tong men, brethers tone of them titles at the time
• mimeos), were put up for sole to auction, in the year 1845,M
the oweatry. The plaintiff, Mr. Cotta, an *imitated at-
torney its the to igtheuthood, was toucan( d prole/el malty in
the matter, as solicitor for the three tendon, the defendants.
lie became • tail' rat the sole, openty, for nee of the lots.
He wee sot the et. ly but was the hheseat bidder foe it, and it
Sias ly,oelted glean to I.im accordingiy. Of eeenkprio,e Noe
such • tans setae was one Rut dare aide by the put.
ches-r—war One which the vendors were entitled to treed
aa good fee nothing iteniest them. list it was doubt-
less competent to the initiate' to show, if be could,
epeeist eireueudanews taking the cam out of the (general
rule, and editing Ides to have the purchase completed. Tee
queetion wes wet titer Le had dose so. Dlr. Cutts said, firstly
(end pr01...b1) with ercurary), that the delendants helots the
gale well knew some p irticolar fields to lowa a corner, of
which the acreseion would be os • high degree dreirsble to
set adjeisieg edge.: of Mr. Carts ; that they thought hi-a
very likely to bid tie the fields—did sot fed the lemt ohji o-
tos' to that—ant, in enter to melee tne meet of his affection,
caused the suttee. er to combine thins in one lot with other
land, welch, in the dialect of sale", was likely to he
e. heavy," and the {Adel ft further said that, to bidding,
he only did "SA they anticips'ed and wished. Tale foot,
and the argument founded on it, seemed not un-
worthy of attention, and had lb. re been any commueitation
with him upna the subject on the part of the defendeate, or
may on, or more of thew, before the sae ; or bad they been
older or see experiented men, or men of • position in
society ma • Ity dandiest from their actual positiou, there
might hey. been greet wrield in the fact tied argument
against Om de fended". Bat there appeared to have Wen no
such communication. They were all young the eldest a
shopkrefor or termer; the second • farm befit% in the
plaiutiff 's service sit the ti.ne the third • f meet and •
minor; and there could not be ststibstid to shim •
sufficient knowledge of the nature and probable eff..et and
twist ponce at a bad .ing at the suction by the ahorney for the
vend, is to hold Stem seen by such eireumetances as
'aimed in this case. The rlsiotiff ought to have leftward
them on the subject before bilding. He did not de so. lie
might have placed • proleadmal man between him and
them. He did not d. ese, lie might very possibly have
taken a course whit h (subject to the gm iti in of the ismority
of the tousles' broth,") might have isminteiend the pur-
chase •' but it was not done. Upon the whole, what took
place before the tale could not be regarded, tempt so far as
it might give or add weight to subsequent coefi tam
tion or solidest nee (if any). What then was the
ease as to subsequent nfirenation or sequitsmace
In the case of a convect be a solicitor to purcheas his climes
property. Mqaien sate co eonlitmatina to be such as to give
the solicitor as • plead in equity • title to specific per.
formanc., mint be strong and p.ata, and this, even in • cue
where (the preperts the ..seem of the ten:rale being one of
many low at en mediae) the eoliestor became openly • bidder
in competition with others, and had the lot knocked down to
him in the usual manner, (if he was concerned in the
matter of the auction profeesiosatly as 'olivine for
the vendor.) Even in tech • cam a. that it aria
necessery, in order to at!. et the vendor on the
round of acquiescence or confirmation, to show that
when acting in the winner alleged against tim, he was free
from the solicitoe'a iethe ewe seam of all material Mecum•
ranee, and aware of the infirmity of the contract. These
conditions is his Honour's judgment had not been fulfilled
Isere, ewpt se far es the plaintiff was mulled to say benefit
&titian from the proseeibies Is mother suit before 8i? L.
Shadwell, is whisk aa order of 19.. b February, 1848, was
made. But If Mr. Catts was enti.led to any hi neat is that
suit, he would receive it in that proceeding, and neither the
airier nor the mese matt to make any difference in the
present degree The cetduct of the defend's e had been
such, that notwilotendieg their station in the world,
it might he thought, perhaps, a strong measure net hi give
him specie, perhausaace. Bat the importance to mslotyfa
general of heeding a etii t hand over dealings between •1
solicitor sad • there, as venous bargaining together dada,
the existence of the reletwa between them (at least so he as
the s licitor was toeeereed), rendered it, en his Honour's
judgemee, even is such ii. ieltanes sa the present, proper to
itemise tie judicial dietetics which a court of equity bad
hams of specefie periormana by dismissing the bill, which
mould leave Mr. Cutts at liberty to proceed at law against
the defends it's repiy as be mielit he advised.
His Haim: dismissed the bell with tests.
COURT OF QUEEN'S BENCH.—YESTEBDAT.
an-mesas Ate Pales AT Wrnerrena.—Beroas Ma. it STICI En/

Tor Dunn or liLi:;;;;Tcle. Yol:lllo.—Lna.L.
This was an action brought by the Duke of Brunswick
aß•iliat Mr Slurto Young, as printer and publisher of the
Sun newspaper, for en all, Red libel which anpeared in that
peer concerning him on the 28th of June, 1849.
The duke appeared to conduct his own case in person, and
Sir F.Tbesiger and Mr. E. Jeers represented the defendant.
The duke awed hi. cue to the jury, and from his
datessent it appeared that the alleged Ilb.d was an article
which had appeared in the Sun newspaper in 1849 and had
reference te e trial of the " Duke of Brunswick v. Harmer,"H
which bed been ui.d m the 26th of Jane, 1849, in which i
Ihe plaintiff bad obtained 6004. damages for libels which'
W appeared spinet hint in the Weekly Dispatch, of which
Db. Harmer wed the Preprinter. The libel now complained
that the Dale of Bmswlek was a person wh- se
palled seeds{ _ plamd him is the surgery of political
sod adoicod him to mire into his own natural and
daft, . The plaintiff cow contended that from
Mtn ad the ward actual being printed in italics, that it
ROM flanteral, and referred to those eaustion of an.
passises which the S had made
bits. TM dab
tatirist
astier nice- that the
lei "Min wisMot ohs lb* whisk bed mare
impsois Mein** DitrePA,