The British Press; or, Morning Literary Advertiser.
London, England, 1824-11-04 00:00:00

VICE-CHANCERY, Wtostsomr, Nov. 3.

VOCNG t. GOOO4O/11.
H"t Pot:nun to.d: his seat at 20 minires past eleven o'clock.
rating he hail reed all the papers in thls case, and it appeared to
I .to necessary to allow the demurrer. The bill wee tiled by Sir
W.llism Young. in his character of trustee, which prayed, that lie,
as trustee, might be declared entitled to take possession of the pre-
mise:: in question, under and subject to the trusts of the particular
indenture which created these trusts ; and the question made by
the demurrer was, whether the ccirsi qme trials wider that inden-
ture, who are equally interested with Sir Writ. Young under the
Mound mortgage deed, should not be ininies to the bill ? And it
was very obvious, that unless there wt.e some particular objection
to Le taken, every pi.rsm interested in this case must be a party to
the bill ; and the rtason was, that unless that were so, the effect of
tlie decree in the cause would exclude those who were interested
• under the second morgeg-, and of necessity therefi.re, they had a
:right to prevent that decree. It had been contended, however, at
tree. bar, tbat there was a specialty in this case, which was, that
isa Jeuties Law's indenture (who is the second mortgat;ce) con-
tained a certain declaration of trust,to which other parties interested
were not parties ; therefore the Court was to consider that declare.
ttua as voluntary on the part of Sir James Law ; and having ben
voluntary, was not to be considered binding. The first answer to
that was, that it was totally inconsistent with the plaintiff's own
bill, for it prayed that he 'might be entitled under aril subject to
hsat very indenture. The Duke cf Marlborough's case did not
apply her, ; if it had applied, Sir James would have had to
roe Ike the trust ; but he had not I-iv:die:l it. and therefore it
_remained an effectual trust. it was for these reasons that the de-
m:user would liars to be allot -11, with liberty to the plaintiff* to
atamd his Lill upon the usual terms.
SPANISII LOAN.
JASIAT 11, CAM , Lt.:IIBOCM AM° CO.
The Court was ,next occupied in hearing the discussion of this
plea, which was opened on Tuesday, tiled against the bill of Don
Jnims Jabat, praying that the Court would declare him to be ea-
tithll to a lien upon font% in the bands of the defendants, to the
*mama of 27,004. and a fraction.

Mr. lips-: and Mr. Pt/MERTON were in support of the
p 1...., and dlr. SoLtCct oft.Gor Lath and Mr. h.ux, Counsel
toi the plaintiff:
The bill stated, that tit, plaintiff at one time bore the character
at Plenipotentiary for the Govertimeht of Spain, and was employed
to cool:act a loan in this country for the Government he repre-
a,nted ; he had effected that to a certain extent ; sunis were elaced
1-1 the bands of the defendants, employed by the Spanish Com_
ii,i,,asonm to receive thou sums; and the plaintiff remitted to the
sunish Government upwards of 13,0R0L which, with payments to
othors., anti his expenses in this country, amounted to mere than
xy,utrm., and Fe now ht to be reintbursad out of the
to .1. in the haatla of the defendants. The pro ition made by
li' Counsel in support of the plea was, that the fund in the hands
tw tiie defendants was raised for the tipanish Government upon a
s..!istantial and collateral agreement, entered Into between that go.
vannsent and time defendants, that they chould raise a fund for the
sue at that govern:tient, the money now raised did nut, nor could
i•kietele the produce of the sale of 60,000 tics, upon which the plain
tiff was to have a claim ; that the fund sea raised is consequence
tit •contract, to which the plaintiff wu no party.
The 1401101T011-OENEKAL, however contended, that as the
rigid, a correspondence Lad taken ',face between the plaintiff
Spanish (lovernuacnt, which showed that he bad a claim
load ; the Jinn:dant' were hound to put in their answer,
,ha: specific moneys they had received, what certificates
in their hands, whether there had not been specific trusts
. upon thew, and whether tbey had, or bad not, uischarged
trusts.
:E-CuaaCELLOR without bearing Mr. Hart in reply,
. was ',la rely eau In this case that the plaintiff hada
upon the Spanish Government to the amount stated, say
and a fraction. It was equally clear that the Commis.
V...ka Is the hands of gmdthadazti mug:

and papers to satisfy the plaintiff,•among other creditors. and that
the plaintiff has a lien on those inscriptions; but the question was.
whether the plaintiff had a lien on the produce now In the hands of
Messrs. Campbell, Lubbock, and Co. Certain stock had been
placed in their hands. at their disposition, and was that for the pur-
pose of paying the plaintiff (which they might have done?) or was
it for the purpose of paying other debts, within their alithorit, to
pay' Upon reading the record, it was clear that the funds were
placed in the hands of the defendants, not for the purpose of paying
the plaintifi"s claim, but for the purpose of paying other claims
agatnot the Spanish Government; it was impossible. therefore,
that he could have a lien upon that fund. Rat then it had been
said, that the fund placed in the hands of the defendants, though
held nut to he for the purpose of paying the plaintiff's claim,
might do more than pay the particular debts it was intended to
pay, and that upon the remaining surplus the plaintiff might have
a lien ; the Court, however, was not of that opinion. It was not
competent for • creditor to file a bill, in the first instance, against
an agent, unless lie could charge misconduct; no such charge was
made here, or attempted to he made, and therefore, upon very clear
principles, the plea would have to be allowed.

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