The British Press; or, Morning Literary Advertiser.
London, England, 1807-03-30 00:00:00

4A

-LAW
COURT OF CHANCERY,

iciiiill

Lqrd Chancellor Eamon sat, this mw;ning, for
the purpose of going Judgment in several case•
which stood over for Goal decision; among which
were the follow ing :
SOUTHEY V. LORD SOYRRVILLI•
This was a Bill filed against the Defendant, the
heir at law of the late Ln:d Somei vire, for an
account of the issues and pridits ct certain lands,
belonging to his estate, called Fitzht-ad, in Somer-
set:hire, and also of certain other personal property,
belonging to the testator, which likewise came into
the hands of the Defendant

Upon the death of the late James Lord Somer-
ville, the Defendant became his heir at law ; and, in
that charaeler, took possession of the whole of his
property, real and personal It appeared, however,
that by the will of the said James, he devised cer-
tain specific lands, called Broadfields and G-ates-
land, which comprised a part of one of hi estates
in that county, to the Plaintiff. for file; and he also
devised to him the use of the mansion-11-mute of the
came estate, together with all the furniture, plat•,
&c. which was kept there for ace and ornament,
for life, from the time of the de ith of she fe,tator.
The Defendant, however, entered into possession of
the whole, in his right as heir at law; had convert-
ed the furniture, plate, Ice. to his own use, and had
:o disposed of a part of the plats ; is conse-
quence of which the present Bill bad been filed.
The !AMID CUANCILIOR, in pronouncing judg-
ment, adverted to panic ular parts of tilf
he said it was impossible for him to fulfil the inten-
tions of the Testator. He conceived, however, that
the Plaintiff had a right to go before the Master for
an account ; and also, that he ►hould have the use
of the rnansion-hoill;e, plate, furniture, &c. life,
.t:,d such parts of the Litter, AS had tore sold, the
v,,itie thereof should be paid in by the Defendant,
to be laid oat in proper securities.

LONDON GAZETTE.
RILVII V. tYRIL and sreause.
This was the ease of the King's Printer, se lont
vnoing in this Court. The Plaintiff having, intly
with tv.o other persons, the appointment of King's
Printer, and consequently a moiety of one-third of
the profits, agros.d to depose of his share to the De-
fendants, for About 1,0001.. per annum, it being re-
presented to him by them that the average value
was about that amount. At this time the Defend-
ants were engaged in this extensive concern, and
were perfeftly acquainted with the nature of it, the
amount of expes.ses, profits, Ike. The Plaintiff
soma afterwatds discovered that the ismes and pro-
fits -7F ..his business far exceeded what had be, n re-
presented to him ; that, tor some years, upon an
average, it yielded about 6,61,01. per aanurn, and for
the last three years previous to fili:.g Lit bill, the
average. Pte-.'ant of ,fits yielde.l 13,000 i. per
anre• !", ;heist.:, commenced a suit in this
C by filing his Bill for an account and dis.
.overy, and praying, that the origirktpretmeat
should be set aside. To this-Rill of .mplaint the
Defendants pleaded, in bar, ihi said agreement; and
the Plaintiff replied, that the plea war mot good. in
as much as the agreement was void. t;eitsg wads
under fraud and misreprosantatios. .- -
The LORD CHANCILLOR observed, that the great
ohjed of this Bill %Rai, that the Plaintiff might have
an account taken, and the Defendantsissid pleaded,
in bar, an agreement. It was there/lire for the
Plaintiff to shew that such agreement iwas void by
fraud and misrepresentation; and the' only charge
of fraud stated in the Bill, was a fraudeleht misre-
presentation. is oer6u. The Defendants were in the
possession of the busin.ss of the office. and knew
very well what they were to receive, what t'.ey
were to expend, and so forth. His Lordship, :10w-
ever, thought it that kind of nice point in which he
should take great care how he decided upon its
particular merits ; it was not like a contras for a
sale, but the Bill was filed for an undivided moiety.
This agreement was entered into, the parties know-
ing exceedingly well what the premises were worth,
and what profits they yielded ; if, therefore, the
Plaintiff was to be shut out by this plea in bar, the
Court would also be shut out from doing justice
between the parties, or baying even a jurisdietino to
exercise. For these reasons, his Lordship was of
opinion, that this was mest particularly a ease
where the party should not have the advantage of
his plea in bar ; he therefore direled, that the plea
should be set aside, and the Defendants should put
in a tall and satisfaaory answer.
At the rising of the Court, his Lordship intimated
to the Gentleman of the Bar, that as His Maj sty
had been pleased to allow the Seals of Office to
remain in his cetsufly until His Majesty's arrival at
the Queen's House, on Wednesday next, he should
have ample time to consider the few remaining
cases which stood fir judgment. and deliver his
opinion upon diem in the early part of that day.