The Express.
London, England, 1857-11-23 00:00:00

COURT OF EXCHEQUER.

(Sittings In Bao co—Before the Lord Chief Boron, end Bar=
Bramwell, Watson, end Chennell.)

I)II LATE LINO 010101 111. IA DE LA YOWL-.

• ILEMAAJLABLIS CLOW.
Mr. H. Hill, Q.C. (with whom was Mr. Foots, of de
Chancery bar), appeared to support the petition of Mr. Wil•
hem De Ia Moue, for payment of • certain sum of mosey
oat of court. The learned counsel mated that Mr. De Is
Mode was an old gentleman of about 82 years of
ego, and had been for a great many years voters
of draermL* at Marlow and Sandhurst ; his father was postal
agent at Weymouth prior to the year 1799. He wee cis
part proprietor of the White Hart Insane' proprietor of tee
menage. adjelnieg. At that time the then royal family
were in the habit of visiting Weymouth, and the late Eng
George 111, took up the petition.? and placed bits
under the lartruction of Sir Benjamin West, R.A.. by
whkh MOM he became • drawing Insure. In 1799 Peter
I). Ia MOM, the father, became Wattle, and at that time
extent Mead from the wart in comsequence of his berg
• debtor to the crown, in a sum of 4901. tip*
the inquisition which was held upon that extent,
the moiety of the White Hart and the rummage
were found to be the freehold of Peter De la Moth
subject to a mortgage, and there was an order by the Coed
of Exchequer tor a male of the property. The pew
perry is. bold in 1800 and realised 6954 TM
pun:totem and the mortgagee were one and the same pew
son, and be paid the amount of 6951., which was produce!
by the equity of nelereption, into the bands of the Kiefs
Itemembrancer, to abide the order of the court in the our
of the " King v. De la Motto." That officer invested the
amount in Contemn, at 684, and with accumulations the
amount aas now about 1,8141. Consols, and 1,7001. omit.
Mr. Peter De la Motto was found lunatic by a
couitnimion and his wife was appointed committee b•y the
Corte of Chancey. He died in 1814,end no Mew were tikes
either by the committee or the crown to intim,. the Mira
debt, and hence the dividends increased the meant
of consols as long as they were re-layered
and produced cash in nand, ss the Itemembrencer, after s
certain time, abstained from lueesling them. In 1822 s
under the sign manual, the Crown debt was written of hl
the books of the Poat-office. There was no evidence toga*
how that mire to pass.
The SoliMor General—lt was written off as irrecovereffie.
Mr. Hill—That showed Um great mutene.. of thaw
who looked eftsr crown debt.. The petitioner was the
*Meet son of the hale Peter De la Moue. There Ines
fourteen children of the demised and affidavits 'Ni
filed verifying the title of the petitioner to 00
ccaappaee of the fund, subject to the crown tekS
rtfsfed. It. was not able to contend that the
mown was not entitled to the 4901. and 57 year.'
which would give • large sum, but the Soliettowiffeem
claimed, moreover, to hey. the benefit of the profit cet the
investment to the extent that the profit wonted on the 4901.
The Solicitor-General—AM nothing is said about the
Mr. Hill 'proceeded to contend that the crows could M
support thew claim to the profit of the investment, inasmuch
as the estate of De la Moue would have been liable fur ths
balance if there had been • lose, until the &Mite sum al
49W., with interim, was liquidated.
Mr. Welaby (who was with the Solicitor-Genets!) nb
muted that the moment the money leeched the bands of the
Remembrance? he held It for the crown, and the crown betel
then • satisfied creditor, acquired all the right. of omen*
over the 4901., and was entitled to my profit made WI
that sum.
It was stated that the Menace to the politi wee 00101
claim to property would be the difference b :teem
1,300/.