The Sun.
London, England, 1855-05-28 00:00:00

LA TV INTEL

THIS DAY).

COURT OF CHANCERY.
The Lord Chancellor sat in the Old Hall, Lincoln's-
inn, to-day.

MEYNELL V. SURTEES.

The further arguments on this part-heard appeal were
resumed and occupied his lordship the whole day. The
case came before his lordship upon appeal from the
judgment of Vice-Chancellor Stuart dismissing the
plaintiff's bill, but without costs. The bill was filed by
several of the directors of the Stockton and Darlington
Railway Company against Mr. Surtees, who was the
purchaser of certain lands in the county of Durham
from a person named Ord, the object of the bill being
to obtain the specific performance of an agreement
alleged to have been entered into by Mr. Ord with the
Derwent Iron Company, whose interest the plaintiff
now had, to grant to the plaintiffs way leave over the
lands in question, upon which a railway had been con-
structed, the defendants contending that no binding
agreement had been entered into, and that before the
completion of the possession the offer of Mr. Ord had
been retracted.

(Before the Lords Justices of Appeal•)
LORD KENSINGTON V. BOUVERIE-JUDGMENT.

The Lord;3;;;;;;ve judgment to-day on the case,
which was argued sometimes since. The case came be-
fore their lordships upon appeal from the decision of the
Master of the Rolls, affirming the certificate of his chief
clerk, finding that the property enjoyed by the present
Lord Kensington was not chargeable with the arrears
of interest of the sum of 20,0001. raised upon it by the
late lord. The late Lord Kensington was entitled to
considerable property in the neighbourhood of Kensing-
ton, called the Kensington Estate, subject to a mort-
gage of 6,0001. to Lord Braybrooke. By his marriage
settlement he was entitled to charge the property to the
extent of raising the sum of 20,0001. That sum
had been raised by the late lord, and the benefits to
be derived from it, together with the interest, had been
assigned by him to the defendant. 'Upon the late lord's
death there was a considerable arrear of interest which
the defendant claimed from the present noble possessor
of the property ; that claim was resisted by him on the
ground that he could be only called upon to pay the in-
terest since his father's death, and he filed the present
bill for the purpose of redeeming the mortgage for the
20,0001. upon the payment of that sum and the interest
since his father's death. The Master of the Rolls made
a decree in favour of the claim of the present Lord
, Kensington, and hence the present appeal.
The Lords Justices, after going at some length into
the case, stated their opinion to be that, although the
income derived from the -Kensington estate was not
sufficient to pay the interest on the mortgage of Lord
Braybrooke, and the 20,0001. raised by the late Lord
Kensington, still that in the interest of the latter sum
there was a charge upon the corpus of the estate, and
must be paid by the present possessor. Their lordships
therefore would make a decree for the redemption of the
mortgage for 20,0001. upon the payment of the interest,
directing at the same time an account to be taken of the
interest due upon that sum at the time of the death of
the late Lord Ken sington.
Counsel were requested to draw up the decree and
submit it to their lordships on the next day they sat.
Their lordships will sit in the Privy Council to-morrow.
In the Rolls and Vice-Chancellors Kinclersley and
Wood's Court nothing of interest occurred.
The Vice-Chancellor Stuart did not sit to-day.

COURT OF EXCHEQUER.

(Before the Lord Chief Baron, and Barons Alderson,

Platt, and Martin.)

The court was occupied to-day in bearings upon the
special paper, but up to the time our report was des-
patched nothing of general interest transpired.
Baron Parke sat at Nisi Prius in the Lords Justices'
Coart. The case of Berchi v. Maple, which was partly
heard on a previous day, being an action for trespass on
trover, was resumed, and was expected to occupy the
attention of the court during the whole of the day.

COURT OF QUEEN'S BENCH.
Sittings in Banco, before Lord Chief-Justice Campbell,
Mr. Justice Coleridge, Mr. Justice Erle, and Mr.
Justice Crompton.)