The Sun.
London, England, 1839-12-05 00:00:00

sea.

CHANCERY CO URT..-(TH IS DA 'V

THE ATTORNEY-GENERAL V. THE EARL OF STAMFORD

AND OTHERS.
Mr. WIGRAM replied this morning in this case—the
arguments in which have already occupied several days.
The LORD CHANCELLOR postponed giving judgment.

ROLLS' COURT.-(THIS DA r.)

STUBBS U. SARGON.
Mr. SPENCE applied for an injunction to restrain a
Mr. White, the purchaser of the book debts of the tes-
tatrix in the cause, which were sold under a decree of
the Court, from proceeding with an action at law against
the executors. The order directing the sale of the
debts, amounting to 7,0001. and upwards, was
made on the 10th of July, 1838. The sale took
place, with the approbation of the Master, on the
21st December 1838. By the conditions of sale, the
purchase money was to be paid on the 31st January
1839, that the purchaser, on payment of his purchase
money into Court, and on entering into a bothi of in-
demnity in the penal sum of 2,0001., saving harmless the
assignee's and testator's estate from all claims, should
have a proper assignment of the debts, and should be
entitled to the custody of the day-book and ledger of the
testator, and to certain securities of bills of exchange, &c.
The Learned Counsel read a long affidavit in support
of his application, from which it appeared the purchase-
money was not paid into Court till July last, and
that the indemnity had not been given, and that an
application had been made by the Solicitor of
Mr. White to the Solicitors of the executors for the
securities. That application having been refused,
a " hostile correspondence" took place between the so-
licitors of the parties, which terminated not in the po-
pular method of a " meeting for satisfaction," but in a
proceeding more agreeable to law, namely, an action of
trover to recover the desired securities.
Mr. SPENCE submitted that as the action was brought
to recover the documents before the indemnity was
given, the injunction must issue.
Mr. CAMPBELL appeared for Mr. White in opposi-
tion to the motion, and contended that his client had
been improperly treated. Mr. White bad paid in his
purchase money with interest, and had purchased under
conditions which it had afterwards turned out could not
be complied with by the vendors. The present motion
was ❑ot made till the sth of December, and the action
stood in the paper for trial to-morrow.
The MASTER of the ROLLS—What is to be tried
Mr. Campbell in the action ?
Mr. CAMPBELL—The wrong and injury sustained
by the purchaser by the breach of the conditions on the
part of the vendor.

The MASTER of the Rou.s—l shall be most
anxious to put an end to any delay by which
your client, Mr. Campbell, has been injured,
but an action of trover by a purchaser, in the midst of
the proceedings before the Master, is not a very proper
step to take. His Lordship proceeded to observe that
that action must be stepped, but he thought there had
been more delay than there ought to have been in car-
rying the contract into effect, for it was quite clear
the property purchased was of a very perishable
nature. The day-book and ledger Mr. White
onght to have immediately ; and if Counsel could
suggest any mean 3 by which he could facilitate the
conclusion of the proceedings in the Master's office,
so that Mr. White could have the proper assignment
of the securities, his Lordship would be glad to as-
sist them.

Mr. SPENCE—The affidavits differed as to abether
the inquiry before the Master was completed ; but if
the Master had settled the draft, there was nothing
more to do.

Mr. CAMPBELL.--I have seen the draft.
Mr. SPENCE—But the Master gives a certificate
when the proceedings are finally concluded ; and there-
fore, although the draft may have been settled, yet he
may desire further information.
The MASTER of the ROLLS—The fact is, these gen-
tlemen have quarrelled, and when solicitors do quarrel
it always tends to the injury of their clients. 1 know
no quality more valuable in a solicitor than to be
able to keep his temper on all occasions.
After some further discussion an order was made
that the proceedings in the action should be stayed ;
that the ledger and day-book should be delivered up to
Mr. White, and that on his signing the bond of in-
demnity the remainder of the securities should be de-
livered to him.

The MASTER of the ROLLS—Now that is really an
order to carry into effect the former order of the Court,
and is for the advantage of everybody. I think that
may dispense with my saying anything about the costs
of this application, though I certainly wish the proceed-
ing at law had not been adopted.
Mr. CAMPBELL—I did not advise it, my Lord.
The MASTER of the ROLLS—NO, I am sure of that
—no equity lawyer would have given such advice.
Mr. CAMPBELL—My client went in the long vacation
to the Temple.—(Laughter.)
The MASTER of the RoLLs—Well, he could have
obtained redress here in the vacation, I am certain.