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London, England, 1824-08-30 00:00:00

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SURREY ASSIZES, OJILDPOID, BarriDA, Acre. 18.

SIDE.
Satlit v. Winn.
This was an action of trove for eighteen poettts of hops, alleged
to have been wrongfully contested by the deftatisnt to his own use.
Plea. Not Guilty.
Tie plaintiff's case wu coniuctcd by Mr. M nrl Mr.
Ch ITT Y, and the defendant's by 111 r. Sulfate TEDDY and Ms.
Costs's'.

The trial of this rause commenced yestetday afternoon, was ad-
journed at five o'clock to this morning, and ended this afterncoo
about one o'clock.

The details of the case were of little interest to the public. The
plaintiff' claimed the hops in .ipicstion, as having been pledged
without his authority by his father to the defendant, for money ad.
vanced upon them by the latter, through the agency of a Mr. lies-
keth. The principal cie,tioa in the cause was, whether at the time
of the pledge, the defendant it-s aware that the plaintitr chimed
any property In the hops. A considerable body of evidenct was
examined on both sides, in mete to determine this qttestion. On
the one hand, it was insisted that die defendant had been (idly ap-
prized of the circumstance of the plaintifl's being owner of the hops ;
and on the other it was alleged, that, from first inlacit, the plaizalfr•
Entice treated the hops as his own property. and had by his conduct
impressed the defendant with a belief that he had a right to tiSposiz
of them for his own purplates.
The princitml witness In euppiet of the plaintifri ease was hi*
own father, Mr. John It. Sexby, who proved that, in August last,
he pmehased the hops in quest's:fol. a Mr. Humble. and paid for
Mein at the rate of If. per cwt. Ili. eon. the plaintiff; came of ale
cm the 29,h July preceding, and on the fib of September fidlowing
he resold the hops to the plaintiff at seven guineas sew', and
; aid for then by It;. bill for On coning of age his son had
proicrty.of his own. by the bequest of *nine eel:Moms, and beeline
dealer in hops. ‘Vithess was now an uticertilicated bank/not, and
It ad heed indebted to the defendant, and a Mr. llesteth, With whom
the defendant had been in partnership in July hat year. in whicli
month the partnership had been edeelved. In the month of Sept.
last, the defendant informed him that lie wanted a sum of 2111.
which he owed him ; lie replied that he was not able to pay the
money, but that lie would ...end him some hops, on which money
could be reised. Thu defendant said he had no doubt that Mr.
Ile-Ake:h. his former partner. 'Would advance the blobers if hope
were pent in as a 'enmity. Witness had in his possession seteral
parcels of hops of hi. own besides those which he had sold to his
"an, end he pent the etliole to the defendant on tie 13.13 September,
distinctly informing him tTiat the eighteen pockets, marked. "Ab-
bots" were the property of the plaintiff: Praia receiving these se.
seral parcels of hop., the defendant sent them to Mr. Ilesicethrwhid
advanced 2001., atal afterwerds sold the whole quantity, repaying
liimsnlf tl.e dow;. by the proceeds, and giving the elder Saxby credit
in account for an old standing debt, which the letter owed t. Win-
s:ll.nd the defendant, during their partnership.
(In his crosii-exsinination, he admitted. that in a CVlTcrsat!oa
with a Mr. he had said he would rather give a sum of money
than appear in Court, and prove there by Lit evidence that he hr.l
deceived his son, by pledging his property without his authority ;
but he denied that he had said, in die same conversation, that he
would either give lif.y guineas than be compelled to admit, in the
witness.bni, mat he had deceived the defendant, in repreventieg
the hops as his own property.

. _
- .
Francis Jordan, who is now a stage-coachman at 31aidstone,
proved that he was a warelloasernan to the elder Sixby in Attica'.
last, and deposed, that he has heard the defetolant offer to purcbasc
the hops in question of plaint,s; and spoke of them as Ms pain-
tifra own proper; y.
fin the part of the defendant, a letter in the hand writing of the
elder Sash, was put in, in witich he scadie of the bops in legation,
toge.her with others, as being his property.
It was proved by Mr. Illealteth' and by a witness nern'th! Corn.
wall, a warehouseman of the defet.dant's, that the plaintitt way al-
ways considered, and appeared to act, as the clerk or agent er his
father. !kir. fleske:ll runtracfcted the elderraiby, she swore that
he had said to Mr. Winn, the defendant, in witness's presence and
hicarim,. that the eighteen pockets of hops belooced to the plain
tiff Tice witness, Cornwall, also contrsdicted the witness Jordan,
in his statement that the defendant had spoken of the bops sabring
the property of the plaintiff:
Mr. Pinto deposed, that, in a conversation with the Moe Bixby
respecting the hors the latter ha I said it would leak ha I. and that
1w would rasher give 40 gaineas than be compelled to admit that h::
haldereicrd the defendant.

This is a general outlineof the ease on bath sides.
Mr. LIMN GRAHAM toll the Jury, that the i 0, •tr:a;; qwesti7n
for them to determine wr.;, rot whether, in point of fact‘lhere had
been a /one fide sale of the hops from the el, er Sozby tO his tel.'',
the I•lairtt t" but whether the defendant was privy to the Plaintiff's
right of property 1., the hops at the time they were pledged. Ms
Lordship rvcapituluted the whole of the evidence on bodi aides, and
left that question for their determin • .n.
Tne Jury Immediately found their verdict for the defendant.
Tfit. ANGELI. ESTATE.
DOE EX DEM. 11,4YLEY t•.
This was an ac'i•tn of ejectment, to recover the possession of cer-
tain buildings and lands, at St. Mary, Ln.betli, Touting, und other
places in this co•mty.
plaintiff's case was conducted by Mr. ADOLPUI:C. Mr.
IL I. STEPHEN, and Mr. VII ITT ; and the defendan•'a ST
Mr. MARnYATT, Mr. UURNEY, Mr. BIIODESICL, and Mr.
PLATT.

- The object of this ejectment wrs to determine the 1101 be-
tween the contending patties, to the greet Angell Estate. which
has been so much the subject of litigation, but et law and
equity.
The lessor of the plaintA MR. Ps.aoViorZtvy is Ste
h:.!r at law of the c iniygn ancestor cult Ww .
who wort' cffleSii—lnd &Mr I..eqfsfila flrn, int!
third on to a Mr. Angell, who held the office or Sergrant of t1:1
Acatery (pastry-cook or confectioner , to James I. and Char!, a 1.
and who had roareied Joan, the danghter of John Pores', tient.
and sister to ./ ustiuiau Pricey, who was Auditor-Genital to Queen
Anne.

The defendant claimed as derisne, under the will of t',e per=or.
last seised, of the Immertin estates in qti.stton.
It was expected that the trial would last at least two days, but
after two or three witness:" were examined, the plaintiff's CU',
completely broke down. As already mentioned, Mrs. Illyle.
dui:nisi, as surricint. heir at law of the common amestor ; but
appeared that she Oul still a brother living, who had issue, and
whose title, if he had stay, would take prnelznet ~t lire's.
consequence of this tu:exprcied discovety, :be plaintiff
suited.

Great expense has been ineurred n getting up the cause, aml
til the fact was proved in esii!enee, tic sulici:nrs fr. the :
were kept in the dna as to the fact of there being any niltPtrar.ches
of the family in eai.ttace, who had a betz.7 title t! an :qrs. liny!ey
to the estates.

In consequence of die sudden brealang ape( this tense, the ear.
tin were not ready in the renmining causes, and, theieforc, i, cc.
came necessary to withdraw tha records.
The abcut two o'clock.

OXFORD CIRCUIT.

GLOLTEzTEP. ASSIZES. Auousr Sq.
CIVIL SIDE.
Item/ Mr. Joistics PAIL
MALICIOVS PROSE( UTION.

COOK v.
This woe se meting brought by Mr. ilichard Cook ecairst
defendant, Mr. John Harper, to recover a compenratien in Jo-
stiages for • malicious prosecution. The damage were luta tt
1,00111.
Mr. CAsswenra. and Mr. Canes were Counsel for the -;,th.t:t.,
arid.llfr..CUltWOOD and Mr. CARR! NGTONOT the d!r( /WV t.

Mr. tiell'UELL stated the case dui Jury, and died w!t.
nesses, who proved as fidlows :
The pima: and defendant were collectors of :he had c•4l as.
ses.ed taxes for the parish of nuarikan. in the ft test of
the county of Gloucester. They are joint otllcerr, but exe.uted
their duty separately, the one collecting the taxes for the lint six
months in tae year, and the other the last six months. Tbey wets
in office together from the commencement or die year inn to ma.
The plaintiff paid over his receipts to the Ilecetver-General, and
the defemlaut neglecting to do so, became e default.t foe die suns
of 641. Is.. and absconded with ids family from his reek:nee.
The plaintiff received the following letter from the defendant pre-
vious to his depurturet
" Dear Sir,--I am sere, that I am. by d'iappointment as grata
as well can be experiment by man, compelled to leave all that iu
this world I ulna. You will, before you receive thia, untlenta-td
the land tax is not paid, and I am aware that ewe will be obl'ded
to pay it ; but, rest assured, Sir, that you shill not lase a shilling
by we. When I get into a situation, wiiich • 1 expect I Lava
already, I will inform you where I ant, and will plane in yir r
kande& security for the amount and interest, which satin -
to you till I have it in my power to pay the prineipal.
beg of you, as a further far one, not to get into a y sm!oi
before Mrs. Ilarp,er, who you must expect is not in a vt
situation, and woo know• nothirg uhotit the mane/ I
paid. I have not received money on the SUR4Sied tax acti
have kft it for you to settle.-1 am, &a.
" Ittiatiltan, November 19, 11,22. " Jolt W 11461
After the defendant's atier.os for a short time, the pl
prottit himself, went before the l'ommissioners of T.;
division, and there made an affidavit that the defendant,
of land tax, was a defaulter in the man of 641. Is., and
was i•aised by the Conaniiisionets thereupon to seine the,
chattels of the defendant, under the idith Geo. 111. cap. 1
Ike. The plaiudff proceeded with the warrant in fanny
winatable to the defendant's house. but found it desert
articles of very trifling value left. They. however. seam!
adjoining houses, where pron,rty had hero .1- posited h•
fendant, and seized ;t. A tte; o.e seizure, the dmeedant tI
the following most siny;i:lar enl,tl. to the ,•;kintitf.
" 1 radon, De:ember.
" 81r—I am very much surprised at your unlawful and .
ungenerous conduct in seising my goods; hat w :ten I consul
you area man devoid of all that constitutes that charm:ie.-, vu
Knot. good divimition„ ice., I cannot be mach disappointed.
Sir, let me tell you, you have exceeded your legal power us-
you may be at present aware of ; but depend upon it. by '
of April you shell be made bitten. acquainted. I kilo-
may have been your professional adviser, but I don't
tell you, that he is as great a fool as your.elf. I have, I tit
taken as good alsice as you—my adviser or uur's must t
be in the wrong; which it is, the. month of April next and
erstenthire Jury will decide. I hereby enter my !Adam
against the sale, which I a: deism:id is died (Or Monday or
%!1;0!, if I can. yet a person to go my journey and attend.

~t

bee in yd* J
all be paid
1. Ltn. r
01 a.th 1-41
ye*/ tuthry
rot bczr
amain, sad
plathititf, to
.acs for the
, as receiv
a 11011171111 t
goods and
.1, see. IU,
rnpany of •
.efled. rod
mrchart th•
t 7
tr.: emitted
r 3, I!
.1 also very
airles that
viz. rod
t•ed. But,
more than
the month
re Lot vbs.
hesitate tee
&at, not.
t certain!,
nd a Glea-
n-kr prutest
I hest. and
id. It