The Express.
London, England, 1868-12-21 00:00:00

COURT OF APPEAL.-DEC..I9„

(Ulfore the Lord Clamedlor sad Lard labor Selwyn).
.IfrirtV:fr. NERTOIII. . .

This was an appeal brthedetenilaidle from a decision
at the Master of the Rolls. The pleat" Mrs. Newton
and her children, sought to eats_ their rights to the
hereditament. cammed isa two prapertim in priority
to the equitable 'mortgagees, Benjamin Webster and the
Landon and Westminster Bonk, wbo had charges on the
properties without notice:of the plaintiffs' interest, and
with wk.= the mortgagee deeds were deposited. The
Mesterei the Rolls bad made a decree establishing the
=ifs' priority, and giving them the possession of the
Mr. Rozberghe, Q.C. ; Mr. Jewel, Q.C. ; Mr. South-
gate, Q.C. ; Mr. Everitt; Mr. Townsend, and Kr. Lang-
worthy appeared.
Their lordships CMG to the conclusion as to the matter
Si fact, that it was not proved that the mortgage deeds
deposited with the London end Westminster Bank were
trust property, and therefore the bill must be diamiseed
with cods. As to the questien of law, they had no wish
to e.!prees any opinion adverse to that of the /Leda of
the Rolls.

SELL r.
This was a question as to the priority of mortgage
eharges on a ship. In April, 1862, Mr. Routla, e
registered owner of the Providence, executed a mortgage
of that vessel to Ghienon, Cole, and Co., for 1,200!., and
the mortgage was the same day transferred to Blyth
aad Co. as security for certain acceptances. The mort-
gage and transfer were duly registered. The acceptances
were paid off in the latter part of 1863, but the
transferees continued to hold the deed. After-
wards a second mortgage was made, but before
it was registered the transferees of the first mort-
gage made an arrangement to hold the deed as security
for an unascertained balance due from the transferrors
of the mortgage to them. The transfer to the plaintiff of
the second mortgage took place in Nov., 186 a, and was
registered in July, 1866. The resent bill war filed to
ol Lin a declaration of the plaintiff's priority as against
Crierron. Cole. and Co.. and the ship was sold under an
order obtained in the snit. The Master of the Rolls de-
cided fiat registrati.ni of the second mortgage gave the
second mortgagee priority; because the onginal debt for
which the tree vferee obtained his security was discharged
before the see nd mert•Tage was executed.
Mr. pargallay, Mr. Jesse!, Q.C.; Mr. Kokcwich,
and Mr. Bobinson. appeared for the parties.
Their leniahipe dismissed the appeal with cots.

EQUITY COURTS.—DEC. 19.
(Before the Master of the Rolls.)
HlttreS ("RARITIES.
John Wetting Brett. late of Hanover-square, by his
will gave one-tenth of his residuary property to charitable
purpose". and be appointed Lis brother and sister to an
equal tight in the disposal of such one-tenth, it being his
wish that the church and Moravian missions should re-
ceive two-thirds of the raid tenth equally divided, and the
town missions and Scripture readers societies the remain-
ing
_third of the tenth, event divided. The rum of
6.582/. 13s. 3d.. as representing the tenth, had been paid
into court. and a petition was now presented praying
the parioest thereof to the several charities designated in
_ _

Mr. Lindley and Mr. Daly appeared for the several
parties; Mr. Wickens au for the attorney.
p His lordship. after ordering payment of some of the
shares. directed an inquiry in chaxibers as to the charities
above mentioned.