The Sun.
London, England, 1837-11-08 00:00:00

CHANCERY

COURT.-(THIS DAY.)

CHENNELL V. MARTIN.

The arguments in this appeal, which were commenced yes-
terday,• were resumed to-day. The case came before the Court
upon appeal from an order of the Master of the Rolls, allow-
in;; two exceptions to the Master's report. The sliort history
of case was this.

an the year 1757 an estate in the county of Essex, consist-
ing of leases from the College of St. John, Cambridge, was
purchased by a gentleman of the name of Gordon for
543/. This gentleman, hi 1784, by his will gave the pro-
perty to certain trustees, upon trust for sale, his wife, and
other persons named, to have a life interest, and upon
their death amongthe property was to be divided the pre-
sent parties to the suit. In 1785 the trustees, by consent,
vested the estate in one of themselves, Thomas Martin, for
9501. He died in 1794, and devised the estate to his son,
John Martin, who died in 1796, leaving the present appellant
an infant of the age of 14 months, his only son. He con-
tinued in the enjoyment of the estate till the present bill was
filed. The case came on for argument before Sir John Leach,
in May, 1831, who set aside the sale that had taken place,
and directed -the Master to inquire the value of the estate at
the time of the sale, and what was the saleable value of the
estate by the money expended on it. - When the Master
found this he was directed to add that sum to the 950/., and
to offer the estate for sale at that price. The Master found
that the estate was let in J 785 for 60/., liable, however, to a
deduction of 281. and a fraction a yaar ; he ascertained the
present value to be 450/., that the increased - value arising
from depression of money was 130 percent. He found, also,
that the improved saleable value, by reason of the money ex.
pended, was 1,332/. 2s. 4d., and adding that sum to .950/.
originally given for the estate, it made together 2,2821., which
was the upset price at which the estate ought to be offered
for sale. The plaintiff then proceeded to sell off the estate,
and the defendant obtained an order for leave to bid. At
that sale no composition taking place, Martin was declared
the purchaser at 2,2821. The plaintiff gave notice to open
the bidding at an advance of 400/. He, however, ultimately
abandoned it, and took five exceptions to the Master's
report. The first and second of those exceptions were allowed
by the Master of the Rolls, and from that decision the present
appeal was brought ; and the question raised by it was,'Whether
the Master had done right in estimating the improved saleable
value at 1,332/., or whether such conduct had taken place on
behalf of the plaintiff, in the Master's office, as to render the
subject not a fit matter for exception ?
Mr. WAKEFIELD addressed the Court yesterday en behalf
of the appellant.
Mr. Tuassa followed on the same side to-day; and -
Mr. Wioram was addressing the Court on behalf of the re-
spondent, when our reporter left.

ROLLS' COURT-(THIS DAY).

CLARKE V. ALEXANDER.

The remainder of the arguments in this case, which was
part heard yesterday, occupied the Court the entire morning.

VICE-CHANCERY.-(TiIIS DAY.)

TAYLOR V. WATERS.

This case came before the Court upon the petition of
Messrs. Digfield and Btbb, praying that a sum of 20,0001.,
which stood to tl.e general account of Mr. Taylor, might be
transferred to their account, as the executors of that gentle-
man. The sum in question was part of the proceeds of the
sale of the Italian Opera-house many years ago, about which,
our readers will recollect, there has been so much litigation.
The case had not concluded when we left.