The British Press; or, Morning Literary Advertiser.
London, England, 1824-08-12 00:00:00

u~

.‘•
Vi I
41/4

,
tk

*!l'

I,

r

ylr! a..

t • icriu

-I,AW INTICtr.MENCR.

COURT OF CHANCERY. Wrymove, Arc. H.

entwine 1.. noenow.
The Coon was otrupied the principal part of this day in a re-
hearing of this Misr, which has been before the Court far several I
roma, and which involved a question as to the legitimacy tif the
olaiotity. The property. which is principally situated in the West
''a' at one period of considerable clhotint, but has since
bees greatly reduced in value. It cowered that General Honey
blorlort, the father or +he plaintiff and the defendant, died at %en
in the year 1787. on his ray to Engirmil. Hostiles a widow end
daughters, he left four 'WWI. Of these Peter, the eithat. at the time!
of (letters! fiordesn's death, was in America ; the second,
Henry, and the plaintiff* in the present cruse, tens then in the ,
East Indies ; Jenne, the pr. sent defendant, was a barrister,
i raiding in the Temple; aird Arhent, the fomilt, was abroad.
it was rileittal, that a will !VIA beta made he Gener.il Gordon. ;
tho tsar; the property whir.'r hr livid in the Went Indies and
in Scotland to Vetter, the sliest, makino saitable provisiuti
for the !minter children. Peer, home% er. dial before he was
rporietel of his father's death. sod neva! was in 7.4Wllpign of I
it, property bequeathed him be this wit. Shortly afterwards al
report was Tropainited Montagne that the children of General'
Guano were illegumate. Accordingly, a distant relation of Ge-
neral Orietkon put In his claim to the prnperty Crown also
pot in itsehiim to the property as an escheat. Meanwhile
Bente Portion arrived front the East Indies to defend his rights.
thi his arrival in this country lie was met by James fiordon, the
rest brother. who showed him a certificate of the marriage of their
parents in 174, prior to the birth of Henry. Henry admitted the
• alidity of the certificate, and that his blather was the heir-at-law
to the property. An srpeereent was Orin entered into between the
btethers re to the division of the property. This agreement was
rely adhered or up to the period of 1711!, James being rem!.
nosed as lorirar.!nw. Henry Guidon discovered, in 1805, that !
ins rather and wordier aiotraeted a private marriage previous!
ro his both. The date of this private marriage was in in I
orrl.i.ietnhia in America, of which pl tee the mother of' the parties j
Meredysh) was a native. Mary Borden, as Ira as his
Mother: vestry, we loon etibeevent to Oil date. On Luskin; this
a:. m.-try Hairy eintion tiled a hill in Chancery to set aside the
arrement that bad been made in 17119, aed the new weeutent that
bee ind been (anointed IBM. on the ground that it bad been entered
into en fraudulent repreeentations, and obtained on fictitious
grocials. Protracted proceedings took place on this bill, Thiel.
terminated an an issue being directed, in 1:16, in try the legiti-
mate of Henry ()adieu On this trial the mother of the parties
and several entwines were examined, and the -verdict given estab.
liana the keitiosace of the pla!ntilE On the return of Orli verdict
to the Lard Chancellor issued a derree requiring Janice
(Jordon, the defendant, to refund the vernal monies which lie had
vet' e,r,t woe, azn.vim•ll:, of 17110 and 17110. Subsequent to these
proceedings. James ilordoe discovered the registry of • marriage be-
mac his Fervor In 1762. being prim la the birth of himaelf, bot
subsequent to that of ilenrv. James Gordon accordingly Gleil a
NO of wiry on the elude promaranes, which was granted by
the Lewd Chancellor.
111 r. H.ofistt with when% was Mr. P. e:nit", moved the Court a
:'eve day siemitninprot of this Bill, with a view, settee understand.
o.:anex trial toewildish the illegitimacy of his brother Berry, and
hie wive **tit to the piroperty s, heir-W.l'w.
31r. /twat* opposed the implication. on the ground that at the
tricl which the ( mitt of Chancery previously directed. conclusive
evidence MS furnished of the legitimacy of the birth of Henry
Orden, :and it was onnetresary for the purposes of justice. and in-
urms the intereets of his client, to institute a rew trial, and a
fresh camaT of proardinra bad already been too protraered.
After argument bad been sully bend on both sides.
TboLolan CHawert.toe said, that it woes not his present in.
teekton to give a final decision upon the case, which was an iiu-
ponset we, and required maven consideration. Ilia Lordship en-
tered into r. detail of the procralinge which had taken place in this
protracted cause frau the year 1009, when it was first brought be.
fore tire Court. to the present period. Ile regretted this delay, Ma
One eamiabeetion that woehil weigh very strongly with him in bring
alvern to she motion for a stew trial was, that such motion was not
toodegeolltbe case had been disposed of when it came tin for further
dares' 411 a. Ifs piny were tirra heard %heti their case came on for
terihee air:vans. and when whichever of the parties was defeated
torn strums d on his river- my and moved fur a new trial, then indeed
it re rgio.be said. that the proceedings of this Court would never have
a terreitestion. Stich n precedent was one lie was most unwilling to
(eta', As to the ogreemcents which had been entered into be.
tome the parties in /790, anti subsemiently its MK', were entered
into w7th • conviction .oti the mind of llcr ry Gordon thet be was
hi tin.rare ; and with • similar convietirm of the mind of James
Gerdirt of : then the agreements should be held to
he valid. not wiln,teeding a subsequent dinoverrof a private mar.
:owe. There were riled eases which sustained the validity of
•...ch agreement. But on the other hand, it was sworn thatJanies
tfordoo bad irformation of this carriage at the time ha entered
into those agreernente, which, he withheld from ilenry Gordon.
Whatever might be his own opinion as to that point, lie (the Loot
(.'hanccrar) real rot orntoitted, by the constitut;on of that Court,
to thr:r efseredit on testimony thus tolentnly deposed to by many
w.trooses, and had no right to impute perjury to them. Ilia hod.
ship then patrolled to read the deecre which be bed frnmerly made
groan; cause, which was found..d nn the documents which had then
I. rev ',lttore :Om in evidence. It was not improbable Oat this mne
.acid yet crime before another tribunal. where lie might not take
'lay part in the decision, in order that it infest not be said that the
case was disposed of by Coin sitting at one tribunal, and after-
loads tiieposed of br Gear sitting at another. Thee only
tionat evidence that called for a DOW trial was, the discovery of ii
secatd pi:i ;ir merriage. Whether there was one public nein lege
crew% was, iii his fmn,i9n, a matter of little impurtarce, end was
rata sufficient ground for confirming proceedings already hue pro-
tracted end too expensive. However, he would take the papers
winds bad been read in this cause home with hint, and would, as
1100)C as p(lol.4lbir, free himself and the parties cum:coma in the
cause frau the misery of further delay.

‘'ICE.CII A NCELLOR'S COURT, NVEPNF.ADAY, AV 4i.

(11.pre 1.404 0 'Eros D. M.ister if Me Hulls.)
■f.OIIAT V. REAM

Jn this awe, which was one u pc, derision of which a very
I etir estate in IlertPotishire dmemdral. a bill bad been tiled in the
wormer nt 18M, csllit.g up to the defendant to 'hew why he re.
ts'nieri posseastem of certain landed and ether property, contrary to
t. e tenor of a will made by a former Mr. Blair, that Gentleman
1 wring betpientle4l to Mr. lilomat certain lands and other matters,
Ly a will mad,. so long back as the year IMO; again admitted to
testator's reel twat yentary disposition in his favour in the
t tar 11113, but altered by s subsequent will, which was disputa
this bill an answer was put in in the November ful.
h..ing, and further preceedings not having taken place at
q as the law would have allowed them to be, the bill was din. i
PliSsed for a Oct of pr.:sten:ion. Mr. koopel had now, therefore,
is tally to more the Court, that the matter be restured as it *mild
when the &mover was put in. The cause of the delay originated in
t' absence tf the guardian of a minor, whit hod a large interest
in the properly in quest o a, and until hit signature were obtained
ni further proceedings could take place. The affidavits, hits ever,
were tow all teary.
Mr. AAI Li.r obi: (fed to the motion, on the plea that unneces-
miry delay had taken place. t some stage or other of tins pro.
coi4ing an mite must be direettd to try the validity of the heat
will;. and if Wm learned Friend would undertake to have that
11141/ immediately directed ; and also to speed the cause, lie
t should wane his ohject inn on the ground of delay.
laud lit* roan observed, he did not think the delay was at all
umeasonable, aid panted the 'notion, en wlrituscr the to oat
terms were The coats to le paid by the party ebtaining the tn.
dalgence.
IIPTON e. WITHERINeK.
The 801.1C1TON-111:111./IAL said, la, was instmeted in this
sate te more the CQUTt 10 dissolve an injunction whist. hutl been
roma Int' I) on an es pot restatement. The facts of the cane were
bray there :—The plaintiff' had let a farm to the defendant, who
twine time after heentOe a bankrupt. and the (mina were sold ander
a ill.rress by auction. Part of the crop was purchased by a Mr.
ltuithworth ta and the plaintiff had obtained an injune.
vouraining the "removal of the hay, on the pies that there
wias covenants in the lease to prevent the removal of hay or straw
-f-std .ofr the farm, and that the stoic should be consented
we the premises. An affidavit was made by the defendant. stating
thiii frt....mem 'ode of hair. and that it was not consumed on the pee-
n:le,. The plainEff Encw tlas, and yet madet no complaint ; and,
.n tact, when sale* took place by aucuon, the consumption of hay
or straw upon the premises where the sale took place very rarely
twcprrvd. Tt•e I...szned Counsel then prceaceled to read the alit.
e ivitx of th, rar which were in several instances conflicting;
13,4 •he thought that the iffidavit of his client, though poor ant!
operwird, was entitled to a. 'catch weight as that of his more
v white opimine-u. Mr. ltusliworth could only be included as a
4.l",ztcVmai hit tar st ,ek allay which be bought; and the in)unction
v.!' had goad es tin the other crops which were tortM. flie in-
.hction ha: a ermi and oppressive effect on his client; and he
the:!4•4ictr--11e:c:n1) trusted his Lordship would new see the
crtaroi,!e or divel-ing it.
Mr. Ifni. rt.'. foikwerl on the same side.
31r. 111,21( t;STI:T11 opposed the motion, and expressed the
sa he felt eta part of what fell from the Solicitor.
!, relative in the value he attached to the poor man's oath.
.By.'• edmi-iiion (rim such a quarter was unexpected bream
t:4 r. MO. With respect to Mr. Itushwerth. it was alert-
s tte;) r•r IT; :.make him a defendant, as he had, sumehvw sir
other, re of the farm, and was about to remove the
crone, rat-try to the custom of the country.
Iro I lit ere.: - Put what has the custom to do with it, if
t!..rn Ii•• at ,1:7 ?

ENS ;1.1 it, in reply, observed, that ,all his client
te. prevent the farm bring injured. There was no
oil.. Mt. nUs'IS wilt's stark of bar in the injunction.
• F,:•:Am, the agreement were both In favour of his client.
41!1.,11;;,•!‘ upon the. bit ;•,-r he did not so much rely.
I.ovi! (,tertion.—ln::netions arc very often obtained in this
Court for v, ry ugefttl, it.:y beneficial purposso ; but it also hap-1
realed at tite.cx that when madam t.rparir eriiimrc, they bad to
•wt OC ir.)lllV PTA opinemion. When this injutctiun was mucks(
14, thi, linty did not state all the facts within his knowledge, And
tic that was certainly to be Warned. Nothing specific sp.
pears a, to ph^ nature of the agrecmt.it—little retinue,. call be
pier"! upon the rtshmt of the country, and I think the4..jurictitas
Luett .bc dissolve. With reiipect to din costs, perhaps it may be
hate to let that Ike over Mail some other opportunity.

ROLLS COURT, Wri)wromx, Aua.-11.

TOIL I.IITE MR. Suitr*o)ro 4011 f SIIIIIrWSPURY) WILL.
This long Inigatc:l rsuse was again brought unthr th, flatlet al
A: Covet, co the petition or Mrs. Je!lowa Mre. Newton. tb'

100
t&ar.ls for We, prattle* a itevertal of the order made by his
none the Vice.Chancaor, by which a receiver wtei appointed
the estates in Scotland es well as of [have in I.:oglatlii. The preseth
petition prayed that the case might be referred to the !!aster, and
that the potato:len might be alinved to receive Ott the clear fund
then in Court. The question in this case Is, whether the Scotch
marts are liable to the chergea of repairs and certain eitirahomee,
which, un the part of the trustees. it was contended, ha I het n made
far the benefit of the entail? This war met by an allegation, that
there ha.. been received an less a sum then 10.13421. and that the
yearly income of the property amounted to no less a sum than
1,6231.
From the pleadings it appeared that the rents of the Scotch
estates had been, applied to the general purposes of the et.' ate
whereas, they did rot 1.,•s by the will in ant outer 0.. y than to
the Lediee in question, one of 'bath is the wife of Dr. Jdiic .on,
ov
tenants for life. and that they were entitled to the whole peueind•
of them. as a clear eateue.
lord tit ern* n reveries] the farmer order, as far as granting the I
ingtoiry by the Master, as to when: and how the respective estates •
vere situated, and divvied the receiver to pay over the money in
Ids hands. His lonlship also directed, that separate accounts
should be kept of the personal and teal estate; but with retpeet to
the hater part of the petition, the eayitig met of Court the food in
its possession, he felt that, under the eonllicting evidenee berme
him, he could not grant it, following, as he did, the ride laid clown
by his predecessors—namely, never to grant whet was here prayed,
without the way was very clear. his lordship then ordered the
decree to be drawn up in the tostnnct
slit itial•

_...
INSOLVENT DEBTORS' COURT,
WEPNCSDAt. •VGV3T 11.

--rmilaree•-•
The following insolvents wens discharrrd without roppnaitinn,
viz.—Hanil I/ran, Late of l'etter-lan-, printer (except as tn enti.
tempt); Franris Wm. fiend!. hte of lirightna, tavern-ketper ;
John Abel Alabaster. late el Lisson-grove, lac. carpenter ;
Thomas. ht. of Lanbister, EidnotAin*, fan.•.r slower,
late of Arlington-s'rert. Islington, parr t John Ilolitday, late
of Canterbury, butchers henry Tipple. late of Hackney. shoe-
maker; Henry Edward Hughes, late of Wynnsa.sireet, "terken-
well, watch-maker.
J. Paul, late of Holland-street, Kotehwark, printer, was op.
posed en the ground of a Math of erintmet fur work.
Mr. N'bite stated, that he is a printer in Johnson's-court, Fleet.
street. Early in the pn sent year the insolvent purchasetl a quan-
tity of a work published by him called the Wily iltrgirtint. a hieh
he sold at lent than half-price. Tice intotvent finher agtecd to
print an abridged libitory of England, tint broke his contract 4
witness remonstrated, when the inaolvent hid him defiance, and
said he might do as he pleased, fir he was a minor ; be was
debted to witness in the aum of AIL
Ily Mr. ii/ATll.—lVltness arrested him, notwithstanding his
plea '4 Infancy.
The insolvent deposed, that he had been imposed upon It, Mr.
White, who had sold the work in question to oche: persons at a
mach lower price.
Mr. titian addressed the Court for the hiesivent, after which
the CH me' Com atlas&orza ordered the inmulvvnt tJ be dis-
charged.

WEST"! INS7'E It SPsSioNs,
IFIEDNEDAY,AVOUST 11.

Thii morning these Sessions were held, by adjournment, before
coNT. the f'hairman, tq bear motions amt (street the'
mengnizatices of absent Jurymen at the last Quarter Sessions, seve-
ral nt whew presented themselves before the Court, and assigned
satisfactory reasons for their nhvence. The Court, therefore, re. '
nutted the tine originally
A.-zei.l I I.T.
11Ir. ALLEY moved. that eke time for hearing a CTP^ of assault
might be enlarged. 'l'he assault it question we committed by a
private in the lit ltegiinent of Foot litiards upon a gel:in:in, who
sal at present incapable, from an unavoidable cause. to attend
ainl give evidence.
The COURT granted the application, and enlarged the rule, on
payment of ca‘ts.

_
~.
,
,:,..
,
i ii.,
~..
I ,
4
.1
i t,
if
a .

I II
7
I :

(
! 1 I t.
1
I , ,
1
f, 1
1
,
' r
• l
1 • .
,
r