The British Press; or, Morning Literary Advertiser.
London, England, 1820-04-12 00:00:00

INTENDED MARRIAGE IN HIGH LIFE.

nir Tim MATTER OT fill ROGER ORVINGAY, WANT. A MI-
NOR AND A WARD or CHAINCILRI, AND Till DON.
LADY SOPHIA COVENTRY.

LADY ORt*LEY E THE EARL OE COVENTRY. THE COUN-
TESS Or COVENTRY. ♦9D TUE NON. JOHN CO TT XTT Y.

Mr. fIAnT stated, he was requebted by Lady
Gresley to auk his Lordship for his order in this
case, as she was under the greatest anxiety, as it re-
lated to her son. Sir Roger Greeley.
The LORD CHANCELLOR-" 1 Wi'l give it on
Thursday morning."

THE WALCOTT CHARITY.
THE REV. 14R. WORDSWORTH, It MKI, AND
OTHERS, V. ROFFEY.

Mr. HART stated this was a motion for an in-
junction to restrain the Defendant from proceeding
at law, to recover compensation from the Plaintiff,
Willock, for the non-performance of a contract.
The circumstances of this case, he was certain,
were in the recollection of his lordship. A Mr.
Walcott, • citizen of London, biquesthed certain
lands iu St. George's-fields to the parish of Lam.
beth, to be vested in the Rector and Churchwardeus
for the time being, as trustees for certain charitable
purposes, and for u century the Rector and Church-
wardens acted through mistake, and exercised the
right of ownership, as if the legal title of the
estate was vested in them, which could not be the
case, as they were nut • corporate body. The old
leases having expired, they put the lands up at
auction, to grant building leases. The Plaintiff.
Willuck, was the auctioneer employed on the oc-
casion, and of course warranted, as is usual for
auctioneers, that the porch should have a
good title. The Defendant and several other per-
sons became purchasers, and when they found by
the will of the testator that the legal title could nut
be tested in the Rector and Churchwardens, they
refused to pay any rent, and at the same time kept
possession, knowing that they could not he put out
of possession by ejectment. Time Rector amid
Churchwardens presented a petition to the Master
of the Rolls, and his Honour most properly made
aim order appointing a receiver, and that the tenants
should atiourn and pay their rents to him. The
Rector and Churchwardens were about to apply to
the Legislature for tin Act of Parliament to vest in
theta the legal estate, when they would be able to
Degat the leases contracted for by the tenants. The
k•claitt, however, kept possession of the two lots
he had purchased, refused to atiourn, and had
brought his action at law against the auctioneer to
recover damages for the uonsperformatice of the
contract. He was certain that his Lordship would
restrain hint by iojunction from proceeding, for in
cases of charity, Courts of Equity had been iu the
habit of departing from the strict practice of the
Court to get at tire intention of the founder. There
could be no doubt but the Legislature would grant
the Act of Parliament, and it was trot possible that
the Defendant could be in any way injured.
Mr. ROUPELL followed ou the sense side.

Mr. WETHERELL, Counsel for the Defendant,
said, that there never was a case which bore more
severe than the present dial on Isis client. He he-
came the purchaser of the lease of two lots at a pub-
lic auction, and he was warranted a good title, and
be covenanted to build on the lots, and had ac-
tually expended 3,000/. in erecting buildings on
them, which were now useless to him fur want
of a title, which prevented his selling cr letting
them. It was well known that persons who slit-
colleted as builders, were in the habit of soloing
money on the ground and on the building as it went
on ; his client was prevented from doing so fur waist
of a title. As to the order made by his Honour the
Master of the Holly, appointing a receiver, &c.
be had use hesitation in saying that it was guess a
one tha► never ought to have been made. .
Mr. Haar—The Lord CliancellGr confirmed that
order on an appeal.
Mr. WETHERELL, in continuation, said he was
aware that he had the honour of gig g an appeal
to his Lordship from the order of the Allow of
the Rolls, and if his Honour had taken the saute
view of the case as his Lordship had, that appeal
would never have been brought, fur although his
Lordship confirmed so much of the order as di-
rected the tenants to /mourn, he desired that tile
receiver should not sue fur the rents ; not se with
We Honour, for his order gave the receiver full

..Power to suer As to the proposition of his
Learned Friend, Mr. Hart. that the Court re-
laxed its strict rules in favour of charities Mel
so well known that it was minecesrary to be
stated, but how it could apply to the auc-
tioneer he was at a loss to know, for he did not
form any part of a charity. He had warranted
to the Defendant a good title, which he hid riot
given him ; and he was liable to be aorwerahle for
that warranty in a Court of Law. Hr could not
awes that there vr:sa a certainty that the
tore Could or could grant au Art of Parliament,
verbs% the legal tight in truaters; for the estate
might be escheated to the CFOWII. 141111 it Wight lint
give its consent; be eronld not ray it would not.
for, from its well-known huinenity, it was to he
assumed that it would, but where there was is doubt
his cheat was entitled to the advantage of that
doubt. tholes there crenriderations, he trurted that
his Lordship would &omits the application with
costs, and leave the Defendant to Isis remedy at
law.
Mr. lIg4LD and Mr. Mooze followed on the
same side.

Mr. BLAKE said he appeared for two tenants,
who had ripesided more y on the premises in
their possession thin *list their rent amounted to.
They had not brought actions, all he w4ll instruct-
ed to ask for was, that they might lint be ordered
to pay into Court the senuutd of their rent until
they obtained a legs! title.
The LORD CHANCEI.LOR--" I perceive there
ore a consider.ible number of these motions. Let
them all stand over mitt) the first (lay of Michael-
mas Term. Let the lessees (mourn to the receiver,
but he is not to press for the rents. Let all pro-
ceedings at law be suspended fur the present, and
in the mean time let the Rector and Churchwar-
dens apply to the Legislature for an Act of Parlia-
ment to vest the estate in trustees.

COURT OF KING'S BENCH, GumonALL,
TUESDAY, APRIL 11.

Adjourned Sittings after !Mary Term before the

CHIEF Jusrics and Cans/non Juriet.