The Sun.
London, England, 1830-12-04 00:00:00

LAW INTLLl,l(4iiticr—CrillS DAY.

'ROUSE OF !MUDS.
The LORD CWANCKtI.OII. and 1.'4)14 }l4l)NO'st, KlNci,
sad ELLICWIIO4OIIOI‘ cat in the Hattie of I.ni,thi tit 1141f-
past nine o'clock this am-sting, fur the purpose of liettr II
Scotch Appeals.

auunitrir.--cocas U. Erne,
The Loan Cita4cret.oss east ju ignitor in this esse-,
which was au appeal front the Ceeiet of Reesieare. Thee
Auestion twee° upon a deed trxectited
,by,hiy,
nn Cummins, upose her death ktel. A tier Air.
coromine death the priset.rapio,.aini,.6„,iiith,ii slim-
mins of reductien of that 'deed beftiete`the C.ett r of 5,...
oe 'the ground that they were appsient heirs of the
husband of Ann Cummins ; that the dispusition in 'that
deed was vitiated, in rouvoquennt of not having beets truly
signed or attested, stud also in eonsetltienei of defects in tile
toletenities declared by law. That it waSirranted to the him
and prejudice of the pursuer, whilst AGO Cnirinf:il'iittlit in
death-bed, and lebunring Cutler the disease of se it ehe died
On the case coating laefOce the Court of tiession, the
Judges of that Court were of opinion that the deed exe-
cuted by Ann Cutuntins Could not he challenged ureter the
head of a death-bed deed, and decreed 140111
that tirciiiou the present appeal writ brought. On the
argument of the case a few days ago, the Lord flowed r
stated at some length his opinion upon the rase, but
many points of nicety were involved in it, he tieferici
giving his final judgment to this (ley. lie het now le-
considered these parts on which he then doninett ; the
question was one strictly of Scotch law, and from do hrs.;
consideration he could give the coat, lie was clearly of
opiiiita the judgment of the Court below must he aflirtne'„
Judgment affirmed without costs.
TUX rosnatssioNette or cilaitrfaiiiat aim
azQUKsTs nasals.
The LOUD CuAncittlon ols,l gave lull/matt ie this
appeal, the facts of which we gave shortly on Tlinr.iiLy
last, when it was heard. It wee a case of g rear sinia-
laity, and one upon which, at oue period of the ergo-
ment, lie (the Lord Clistiedlsir) entertained eon,ailerio,:e
doubts. Ile thought, however, ,uiott trileetion, that on
several points a very .errusteott* view.hed been taken if
the intljeet by the Leerued Judge from whose aleefaion the
present appeal was lodged. In the 4rst plaese the
clarition of the 'son of the totator 114:1 beam t4.ro into
consideration by that Learned Judge in consitie:in
will. The testator, previous In making that trill, had
threatened to disinherit hit ditto son, if he had an furthee
connexion with a female 'named Anne Robintono, who
he afterwards married under st fietitinui oeme—tltat
made a declaretion, declaring his determinution not to
hive any thing bother to do with thin iodide, ;et to wlttee
being a prostitute there lied [tern tin evidenee whivever.
The taking, however, of thit drulanstieu of the tetnater'a
son by the Learned Judge, wets lint the groutul ten which
he (the Lord Chancellor) at preeent advised their Lord.
ships to proceed. One of the ptineipal questions here
was, were these patties married with the lawful consent of
the executors? Upon looking at the whole ease he could not
but tee that it Wit clear that the marriage had teclwu piee3
by fraud, utisrepreseutetions and every specie's deceptiitra that could he practised. A doubt existed in hit mind its,to thee validity of thug marriage that qmAtion, however, ,tie}* lint
emitted by 'the plitedistes, here was alio a atru‘t xy tra Wbrder
Anne Robittelon war the daughter of the person
.whanat it
was, was repreeinted she wa stud unds4 *hoot name t.liti.`Was •
wittriint. New, 'if it war proved that she taus tacit
leis
daughter, ua doubt 'whatever could he outerteincd of trot
nullity of the tnittnage. lie did not, however, mean tit
say, if the trustees or executor* had given. their eonseiit
once that soy thing that might he dune afterweide rouhl
revoke that consent, revootation its ow* of this imbue was
out of the question, here, however, it was elear they
never gave their reins tit, anti it gross fraud lead been tom •
mittrd on them. The Noble arid Le/trued Lord weot. tel
considerehle length into the facts of the cave, emerttentitet
with greet ability upon it* carioca' ale tails at las went aloote,
and concluded by expressing hie decided opinion to he, the
the decree pronounced by the Omit below was errant otos
end mutt be reversed, osuept at to thet part 11,111411;g the
accounts to be tekeu,-....tteoree reVerseii.
ttaasalt.--Jntitiiitlnce,
His LOlLWltlitt alau..gave 'juilgnient in this ruse, whieh
was on appeal front the Court Of Chaticery lee
Thequestion was whether the
,teppellatit, at sub-lessee.
ought first to discharge two annuities of :104, t 4001.,
or to pity himself; at ettlAnove, those autos in respect of
rent and renewal iota, to which, by the terms anti
conditions of that said lease he would Nava lets entitb,l
bid the ieeereet in the reb.lease, tette:id of huireg rtriptirt,t
by himself, been Required hey Amy ethrr person. The (Ne
was
tiee clateward ytureaseteiruday ponattheettnettdlillieturihbtieleptedtilneg soiloltititeetuecl,t4ititf
t
of Chancery in It elind, which had pronottuted two deem*
one against the appellant and the other, in some resperts,
in his favour. Their Lorshthips, iiiter going in etensitle.
ratite detail int., the facts of the oast, ordered the deerre
of 18i6 to be reversed, arid the deem of .182 b to be af-
,
firmed with certaineSpninations.

WHAM( V. stxt:Latit.
Their torithhip heard Counad o o+4 Pppeui tibia MOnfr
ing....Judgment doivrt4,44

COURT OF KING'S bEIsiCIL

?AXIOM. V. J.ANIN AND
Thill w,lB an action of trespass and 4htreas, . It
appeared from the stetement of Mr. F. Pot.toct,-., and
afterwerds confirmed by witnesses, that the plaintiff rentot
apartments of the defendant daniii, in Alaillill-street,
Golden.aquare; that he left them shortly ii.ter Chriatinal,
list year, arid went to reside in IC ing-wia t. !;,Wit! time after.
words the defendant Janin employed the other thlendints
distritin on the plaintiff 'a good., in king-street, for 'a
quarter's rent, at a time when a quarter w'auld not bail!
been due, had he continued in Alarshall.street‘ The-fle-
fendant pleaded a juetifinatioo, on the ground Ow the
plaintiff did not rent the apartments quurtoly
,but
No evidence, however, was %danced in suppoit ,hie
plea, and the jury, under his Lordehleo rem
a verdict for the plaitstiff...-Damagea We.
No other me of the least public into
rest befote tl e
Court during the morning.
On Monday Spevial Jury osusei wilt he !lied.