The British Press; or, Morning Literary Advertiser.
London, England, 1820-11-18 00:00:00

inn to the Statute of Frauds. Tbfe4imeti Conn
Om ~
set proceeded to contend, that ty iu ques-
tion woo Not personsl estate.
Mr. Janke BATLEY-4f it be not personal
estate, what is it
Mr. Hicutaosin and. it partook or the nature of
real property, inassnoch as it was heritable, and of
persouai es it did not-attach to Land. He proceed.
ed to rite authorities. to show that property of such
a nature could not, at all events, pass without •
specific devise.
The LORD CHIRP Jasncs said. the more cora
reu.t questions to hive put to the Court would have
been, whether this property was of such a nature
114 WOlllll eras 11, • personal estate.
Mr. DENWAN stud, that it appeared to him that
the case was 'settled by the question which one of
their Lordships had put to hia Learned Friend
(Sir.- Richmond) ; for if the annnity was neither
peptone, nor real property. it wonlst be left in the
situation of the celebrated Martians Seribleriss'a
ease of the piebald horses; and though the black
horse. mit4ht be the right of the one, anti the white
horses of the other, it would still he a question who
was to have tbe black and white home.
The Less CMG, JUSTICIE said, the case had
been eelremely well argued. He would certify the
°punnet of the Court to his Honour the Matter of

At two o'clock tke other Judges withdrew, and
a Jury brio' sworn, the Lord Ci.ief Justice sat at
Nisi Prism

MIIAUX AND OTHERS U. POOl.l.
. The'Plaisitifla in this case are brewers: the Dr.
Pendant is • Gridiron's) ot fortune, residing et
1214nhain. This action was brought hi recover
toof. the value of a dray ham' which hod been
by the au gl.gence of the Defr a lant's sermon:
Mr. ClueNee stated the facts to the Jury. It
appeared t list on the 18th of May, 11119. the .01eist.
tiffs sent a dray with beer to the Crown end Thistle,
South Lambeth, soil after the beer had beet' use.
loaded, the ttraymen went into the publie•house,
drawing up his hams close to. the corb-stone,
and leaving spare enough for two cuts to pars
abreast. The curt of the Defendant, drawn by two
quilted horsey. woe theten up at auother public.
houte,aliout 400 yards (rota the Crown and Thirtle.
where they were feeding cm unne hey, which was
thrown (loon between Owes. while the driver, it
appeared, was also refreshing himself within the
house. Something occurring to shires the horses
in the Defendant's cart, they set off at fall gallop,
sail • came in comsat with lire fore horse of the
Plaintiff's dray with ads violence, that the shaft of
the cart wise driven 13 or 16 inches into his A ink.
said indicted a dreadful wound, which oecsonnied
his death in a few days. It appeared that the
Plaintiff's home, when the Defendant's cart and
hones approached. hearing the noise, turned mood.
which unfortunately brought huts within the reach
of the mischief which ensued.
S. Vera VIII ileiSee were called rho proved the facts
as above stated.
Mr. SCARLET'', ote the part of the Defeadnut.
celled no witness, the Demist alto drove the cart et
the time of the accident bring since dead. The
Learned Counsel. in his adolressi to the Jury. con-
tended that the accideut appeared to have been oc-
costumed by at least as much negligence on the part
of the servant of the Plaiiitiff ea wee evinced by the
servant of the Defirocleut ; and where an accident
happened Irma such mutual negligence um party
was not entitled to matelots Court to claim a com-
pensation from the other.
The LORD Caisee JUSTICE summed up the evi-
dence to the Jery, who after a short consultation
blond a vi Mice fur 79/. I Gt. (the value of the horse,
11. sworn to by one or the witioesse..)