The National Register.
London, England, 1817-08-25 00:00:00

LAW INTELLIGENCE.

COURT OF CHANCERY, AUGUST 19.

OPER t-1101.1s6.—WATERS rtlf I.OR.
She Lord Chancellor proceeded to give judgment. It would
he unproper, he said, for him to cone to any determination
as to the amount of the claims remaining against the estate,
which according to Mr. Mills, Mr. Waters's Solicitor, were
about 310)091.
Mr. Mills observed, that he only meant to state, that there
was strong reason to suppose that 31,0001. world beadequate
to cover all claims upon the property.
The Lord Chancellor proceeded.—He most then set that
day, on the assumption that the Master's Report war correct
as to the amonnt of those claims. What he did then Mould
not, of course. prevent others, who might have further claims,
from making application to that Court, in order, if they could
establish the same, to do so. As to the question whether such
claims might or might not be allowed, it must be determined
at the time of the application. In the business of that day lie
must take the Master's Report to be correct.
Mr. Hart requested permission to act his Lordship right.
The Master had made no Report, as to the amount of those
Claims.
The Lord Chancellor then asked what was the Master's
Report ?
Mr. Hart said, it was merely a Report as to what was sup.
posed to be due to Mr. Waters.
The Lord Chancellor then observed, that it came to the
same thing fur the present purpose. Then as to what was due
to Waters, lie must take the Master's Report to be correct, for
that day. If it should prove otherwise, it might hereafter be
set right, by exceptions, and what he then did was without pre-
judice to the parties who might except to the Report. It
seemed quite out of right that Waters should be called upon to
pay into Court the whole of the 71,0001. Looking on the con-
ditions of sale, he did out think that any purchaser could be
called on to pay the whole of the purchase money, that pur.
chaser being also at that time an incumbrancer. 'rhe appli_
cation then was not to be received, as if its object was to coin.
pel Waters to pay the 71,0001., But the balance which re-
mained after taking from the whole what the Master's Report
alloe oil him as an incumlnimetr, and a hat he had already paid
into Court ; and that balance appeared to be about 216731.
He did not know that be could compel Taylor to convey to
Waters a valid title to the whole estate. Waters had on-
don btedly a right to investigate Taylor's bills, as to his ohm
siateinahr ; but he knew not as yet how conveyances of the
whole could be executed by Taylor and those claiming in-
tererts under him. On that point therefore, it would be ne-
cerrary that the Master should report before he could do any
thing upon it. That reduced the ft ueStioll to a very nal row
compass, namely, whether Waters should be ordered to pay hi.
to Cato t imniediately the sum of 214,9731. He could hot con-
ceive it to be unreasonable that he should pay in that halaace,
nor did Waters cont. nil to the contrary. The whole con-
troversy, woos as to the balance due to Waters ; but that
this sum ought to be paid by Waters war not disputed. The
only question at preseut was, when he should pay it. From
the letters which parsed upon the subject between Taylor
and W dam Ne the latter positively pionii ed, that unless some
unforeseen circumstance should occur, be should pay the
limey is April, meaning last April. Me thought theretiire

THE NAIIONAT. REGISTrft

that he ought to pay the 28,9131. before the close of the
office.
' - '

Soon after this Sir S. Romily came into Court and re-
quested his Lordship would let Mr. Taylor have a 611(4t
order, as the lung order sumetilies cleated delay and trouble.
The Lord Chancellor directed that the order should be short,
and observed, that the parties perhaps had nothing fitter
to employ them during .he summer recess than to settle all'
their disputes amorg thtinselves.
Sir S. Romily said, Mr. Taylor had no objection to have
them settled by arbitration.
Mr. Mills, the Solicitor, stated that Mr. Waters was
equally disposed to submit to arbitration.
The Lord Chancellor said, that if those disputes were to
continue the house might to be shut lip in mercy to him ; but
it should be reinemibereil by both parties, that it contention
must proceed, the blame alas not to be imputed to lino.
Sir Samuel Homily asked if his Lordship would be so
good as to name a tiny for the paynient of the mom: y.
The lord Chance/ter directed that it be paid on or before
next Saturday. (yesterday )