The British Press; or, Morning Literary Advertiser.
London, England, 1825-11-16 00:00:00

THE BRITISH PRESS. •

Lordship again adverted to the lease, and said, that however proper
or improper might be. the covenants that 'were inserted in it with
respect to the obligation to build on the premises there was no co- '
venant whatever. There was to obligation for the tenant to build
for the benefit of the lardlnrd, but there wan a power and authority
depending entirely on the pleasure of the lessee to build. but which
he meth!. never execute. Such a eirenmetaece would have been
a matter of no coneequence if this NM been a case in which Mr.
Beauvoir was acting by the *Mike of one attorney, and Mr.
Rhodes by that of another ; because let the advice be as reenlist' as
it might be which an attorney gave to his client on the one aide, and
let the advantage be as great as it might be on the either,
still the parties had a right to hold each other at arms' length, be-
cause if the bargains were ever Si) foolish on the one side, yet no
confidence was betrayed, and it'did not follow that the client could
clime to .hat Court for an injunceioo to restrain the other party
from acting upon the bargain. But the whole difficulty here was
this—nut whether this was a foolish bargain on the part of Mr.
Beauvoir, but whether that gentleman (if it were an improvident
bargain for him) had been brought to execute it under these dr-
" eunistanees before he had a full and perfei:t information which he
I was entitled to receive fehm Mr. Tebbutt, as his attorney while
I that person was also acting vs the attorney of Mr. Rhodes ? If
this case, therefore, depended upon the question, a hether this
' agreement was beneficial or not ? whether it was a fair one or
not with respect • to the landlord ? whether it was an agree.
ment which, with integrity and Oddity, might have been
proposed to Mr. Bouvoir, Its decision would rest a great deal upon
evidence, upon which there was ompriderabie difficulty upon these
affidavits, to come to a conclusion. It had often happened, in his
Lordship's experience, that the evidknee of surveyors was never
to he reconciled. Here were several able and highly respectable
men, who had stated their reasons very hilly, but which, how.
ever strongly they went to euppent their respective opinions,
must ever be viewed with eoneiderable allowances, the majority of
whom stated, that, notwithstanding the absence of the covenant
for building, and notwithstanding all the other •matters complained
of, they most positively said that this was a ease which, under the
circumstances of the private property of Mr. Rhodes being ad-
joining, and regard being had to the extreme distress that pre-
vailed, and the difficulties upon all building speculations, they
would not have advised Mr. Rhodes to have taken. On
the other hand, it was stated by several gentlemen as being
the moat improvident lease that ever net arinned, containing no
proper covenant for the benefit
_of She larellowl, and reserving a
rent thenetiter Menem:rate. thallefere, eh% ease was so depend
upon the value, his Lordship knew no other means of deciding it,
but by its going to a Jury. With respect to the lease itself, it had
become necessary before his Lordship looked to the answers to see
in what mode the agreement was executed. It was more material
in this ease than in any other his Lordship had ever met with, be.
cause nothing could have been done by the 'event without the
knowledge of the landlord ; for as soon as the landlord was de-
termined upon a great and extensive scheme of buildieg, it was
quite obvious that the objection to the omission of the covenant in
the lease should have been made as soon as possible. The answer
was, that this objection was matte as soon as the necessary inquiries
had been made. It became, therefore, the duty of the Ceurt to
ascertain that passed after the death of Mt. 4a., and also, whit
were the declarations and the conduct of 11r. 11. himself. Upon these
beads his Lordship promised to give judgment en Tnestlay next.
His Lordship, on resuming his judgment this morning, observed
that it was his duty to say, that he found he was mistaken when he
said that it did not appear by the answers anything that would
authorise him to represent that Mr. 'tenured?' knew of that notice.
He found that he was perfectly accurate in stating that no notice
was token in the bill of that circumstance; and if it were an ms-
triad as it had been represented in the nrgunient, undoubtedly in
the progress of the case there should have been something said
that would have explained it. But. looking at the answer, his
Lordship had found it most positively sworn by every one of the
defendants that Mr. Beuvoir knew that the notice had been
given, and, notwithstanding, be thought right to execute the
'este. That circumstance was very materiel. The bill in the
prayer of it might be represented as two-told. It prayed, first,
that the lease might be set exude. offering certain terms to he sub-
stituted for it ; and in the next place, If not set aside, that the lease
might be reformed. The motion front which this was an tenors',
was simply to prevent waste in digging brick earth, though
it had had the effect of preventing everything ; and if that
motion was granted, considering the great operation it had
on the whole of this concern. it must have been we either on the ef-
fect of the correspondence or from the answers of the defendants;
or the affidavits before the Court. It became necessary, therefore,
to look nt the lease Itself, and the circumstance 'older which it was
granted, with a view to see what could be ntade of this lease In the
present state of the record. His Lordship then shortly reverted
to the old lease, to the proposition for the new lease, and to the state
of the land at the time the negotiation was going forward. It ap-
peared that the lend which fronted Hingland.road, and that lying
on the banks of the Regent's Canal was considered very proper for
building upon ; but the rest having been excavated, it seemed
doubtful whether it could be rendered serviceable tor building. By
his letter to Mr. Beauvoir, Mr. Ashbittle stated that the estate in
the first instance was worth 7501. a-year, and that the land at Kings.
land-road and the Canal ought to be considered such as might be
valuable for building. Whether this representation was true was
one question, but his Lordship could not find that that proposition
was properly attended by Mr. Tebbutt, because that proposition ate
sworn to contained nothing us to building. By the fat
lease either Mr. Rhodes lead or plod oaks terne that would
fief have expired till letrffer, alrhitainf in newer, true
it was that he had such a term, but the lease gave a pow*
to Mr. Beauvoir tee restore the whole of the land RIC
building. Now in the that place his Lordship °null uot,cortstrote
that lease to give such t power, because it was toad afftsdratietat
that the covenant was to aptiate in such a manner as to *Balite the
landlord to destroy his own lease; but still it appeared to his Lord.
ship that Mr. Beauvoir must know what his lease was, whether
Mr. Ashbittle did or not, and Alr.Meavoir. seemed in his answer to
apprehend from first to last that he had no right to build, nor did
' be evince any inclination ever to dose ; and he could not under that
clause take the land, unless ht chose either by himself or some other
person to embark in a building speculation; a thing it appeared to
his Lordship he never intended to do. Is appeared to his Lordship
from the letter of Mr. Ashbittle, that he did DM know of that power
in the lane, but it was a little difficult, his Lordship thought, to
accrunt for that gentlemen's leaving at that time offered 12001. a.
year fur tae premises. Supposing the offer did include the land
near Ringsland-road, and at the front of the Canal, still it was dif-
tinilt to make out that ignorance of his as to what the lease con-
tained. But if there was that ignorance on the part of Mr. Ash-
bittle, still it amid not be taken for granted that Mr. Benevoir did
not know the contents of the lease. There was another circuit'_
stance of materiality in the case. Kingeland.roed being represent-
ed to be a frontage only, and the whole of the rest of the land being
represented as his Lordship had before stated, the circumstance he
alluded to, if true, was a most material one. which waa that the neigh-
bouring property belonged to alr. Rte des himself, which gave him
such a command as to the land he rented from Mr. Beauvoir that
he could do with it more than any other person ; if he could avail
himself of that advantageous cireumtuarece, it was one which he
certainly had a clear right to do. Under these circumstances it
was cnntendetl that Mr. Tebbutt and hir Rhodes had attempted to
deceive Mr. 13.eauvole, and undoubtedlY there were some circum-
stances which would countenance that suspicion, but on the other
hand It must be recollected that this is most solemnly denied ; it
was sworn that Mr. Beauvoir feed, on the fish January, desired the
elder Tebbutt to go to him on that nod other business, so that the
letter, coupled with what was mentioned in the answer, showed
that this journey of Tebbutt, junior, was not a concerted plan be-
tween Rhodes and Tebbutt, but in coMequence of what had passed
between young Tebbutt and Mr. Beauvoir that he went down to
that gentleman ; the agreement was then and there executed, and
if they looked at the messier, which his Lordship could not take to
be false, a more deliberate act en the part of Mr. Beauvoir in
signing the agreement could scarcely be imagined, as they
represented it. But then the Court were told that the lease
was the most improvident that ever was executed, and in
every respect objectionable, more particularly so with regard
to the apportionment of the rent. Whether it were so or not,
his Lordship could not undertake to say, for when he Saw the se-
vend respectable surveyor*, Mr. Abash, Air. Cockerthle, and
Mr. Burton, in their judgment the rent was full as large as it
ought to be. They were all of opinion, looking back to the state
ao which landed property was at thrsiate that lease was executed,
and considering the circumstances with teepees to the land in the
neighbourhood being Mr. Rhodes's own property, they. saidthat
1,0001. rent wax as good rent as ought. to be paid for it. Then
they went on to say that this lend ought not to be looked at as
land on which to build houses of chit particular rate or of that par-
ticular rate, being in much a neighbourhood, and therefore they
said it was a proper lease; and though it amtaineti no covenant
with reference to the nature of the houses that were to he built.
that was because the situation required it to he left to the telex of
the party, and his speculative disposition. hloreover, with respect
to the apportionment of the rent, they Insisted that it was a very
proper and righteous provision, and that it was such as aught
to hare been made; but they did not stop there, for it was posi.
tively sworn that some conversation aith Air. Beauvoir was held,
as to these matters not being introduced into the lease, and that he,
exercising his own judgment, did not object thereto, but was fully
cognizant that these things were not put into the fever, and when
informed thereof, his answer was, that he knew Mr. Rhodes and
would leave it to his judgment. The lease wax then executed, seed
lee took notice that there, was no covenant as to the undertows
being prepared by his own solicitor, and that then lee was told that
wax to be done by a separate instrument. His Lordship again
adverted to the bond which had been executed fur this pur-
pose, and repeated his strong seen of the impropriety of it.
It was also' stated in the bill, that great hurry was
' manifested in the getting the agreement and lease executed.
This was a circumstance which deserved a great deal of
attention ; but what was the quantum of time" to be given to
the arrangeinent of any liminess, mum always depend . on
the importance of it end other cirettnextancee relative to tie I room.
time. It was stated in the answers that Mr. Beeuvoir's health was
such as made it necessary to permit of no delay. 'lie Lordship
thought that no person could deny that the elder Mr. Tebhutt did
not, for tome reason or other, think that Mr. Beauvoir would moon
go out of the world ; but the fart was that he lived to the next year.
It should be remembered also that it was sworn in the answer that
Mr. Beauvoir not dying as soon as Mr. Tehebutt, expected he
would, he afterwards recognized this lease over and over again,
was competent to make a lease of other premises to a Mr. N., and
mentioned mien eiecumetasites inspecting his property ; and that
finally he died, making %codicil, fa which be gave various legacies
amounting to 1.1,000 f. It was likewise sworn that long after th,
existence of this leave this was the subject of convenamon oil the
part of the present plaintiff, who suceaseded to Mr. Beauvoit'e
property ; and that he agaia sad again expressed his pleasureas
his hither haring duns this fur an old tenant, and that the present

Mr. Benyoti had. in thelife time of Mr. Bouvoir, declared his yetis-
faction at Mr. Rhodes having the 'and. But that seemed to his
"Lardship of little consequence, suppo.ing that gentleman did not
then know the terms of the lease. The lease was one which per-
haps presented tor consideration sircumstances of alleged confirms.
Lion that regoirtil more of the attention of the Court than oc-
curred in any case Iris Lordship recollected to have come before
him. Because every step that had been taken by the parties in the
enjoyment if such a lease as this involved them In circumstances
more and more difficult to extricate themselves ftom, and therefore
had a right to a fair and anxious consideration of those confirmatory
matters diet hail been offered to the Court. Though his Lordship
thought that, under the circumstances of this case, justice might
be done lit an arrangement that might be made out • teourt (if
the Lease shonki be set aside), not upon the ground of con-
fithistion, but upon all the facts together ; yet it was necessary to
consider whether the terms proposed in the bill were such as would
do justice in the ease, should the lease be set aside. But his
Lordship begged Mr. Home's attention to the .dilliculty under
which the Court was at this ment. Thecase came to his Lordship
upon an appeal for an injurction, which seethed to have very little
ground to go upon, being merely with reference to some brick
earth. and yet it was a case which was most important in its conse-
quentes. .the great diffictilty his Lordship experienced was this__
that he was not Mire nn this record that it was possible for him to
set aside the lease. On the other band, with respect to the de-
mand of the plaintiff, his Lordship did not see how Ire could pre-
vent him from guing on to a hearing. Rut his Lordship would say,
that if the plaintiff would do justice, he would not grant the motion,
because granting the motion would put an end to the whole of the
operatiorts and iinprovements that were going forward on the estate.
1 he Court could not say how far on no further hearing this lease
could stand. The Court was not in a condition to say one way or
the other. If the case were to go as far ..s it might do in a Court
of Equity, his Lordship thought it would be the most unwise,
severe, end unjust course that could be pursued. His Lordship
would put the question to the parties, whether on both sides they
could have any objection to try an issue whether this was a lease
obtained fraudulently and by imposition. It was material to have
this question decided by a jury in another point of view; for
whether the lease was obtained upon fraud and imposition or not,
yet it became a question whether in point of value there was eel.
dente to show that the lease was fraudulently obtained. In his
Loedship's opinhui he thought it was not. lie had not the slightest
hesitation to say, that upon the point of value the plaintiff was
beat alil to nothing. - If tikes the case was to go to an issue, the
mode of trying it must be such as will satisfy the conscience
of the Court. But, in this case, parties had beet made de-
fendant* merely for the purpose of costs, who alone could give
evidence as to the nature of the transactions. If these parties were
to be made an objection to their being examined at the trial, then it
appeared to his Lordship that the case must go on in this Court.
If lie were to send it to an issue without giving Mr. Rhodes the
opportunity of proving the facts which the evidence of the Mt.
lebbutts could alone do, he should be working him a material in-
jury. In making them parties in the first instance the plaintiff
subjected himself to the objection that he was shutting out persons
who were atoneable to be witnesses as to what circuinstences Sc.
tually took place. The Counsel would consider the nature of this
proposition, and inform the Court on Monday next.
Mr. lionxE said the Messrs. Tebbutt had not been made par.
ties for the rake of costs.

The LoaD CHANCELLOR did not mean to say they were so on
that ground only, but it was not properly requisite to make them
parties to the sun at all.
Mr. HORNE maid his Lordship must feel that in this Court there
were doctrines shut were not well understood in Courts of Law in
reference to cues of conspiracy.
The I.onD CHANCELLOR had looked at that point, and, in ge-
neral, be thought cases of conspiracy were very 111 trie.t at law ; but
he could, upon the answers which had been tiled, undertake to say,
that this lease could be set aside. The stage the Court was in was
only bill and answer.

Mr. How vt E thought it was to be considered a full hearing.
The LORD CHANCELLOR.—If there is any other evidence I
shall be glad to hear it; buf under the present facts before me, I
cannot make up my mind to make this lease void. You wdl tell
me what further occurs to you on Monday next