The Sun.
London, England, 1862-12-12 00:00:00

COURT OF EXCHEQUER.

(Sittings at Nisi Prius, after .Term, at Guildhall,
before Lord Chief Baron Pollock and a Special
Jury.)
HOLLAND, ASSIGNEE, V. DYER.
This was an action by the assignee of a bankrupt
❑med Cornelius Robert Cole, to recover a sum of
£7lO, the value of certain jewellery which it was
alleged he made over just before his bankruptcy to
the defendant. _ _

Mr. M. Smith, Q.C., and Mr. Henry Jones were
counsel for the plaintiff; and Mr. Huddleston, Q.C.,
and Mr. D. Keane for the defendant.

The bankrupt, Cole, purchased a jewellery busi-
ness at 182, Oxford-street, from the trustees of a
person named Clark, for a sum of £l,OlB. Cole
had formerly been in the employ of the defendant
Dyer, his brother-in-law, who was a jeweller in
Itegent•street, and, having no capital of his own he
borrowed £250 from Dyer, and got him also to ac-
cept bills for the remainder of the purchase money.
In May last an action of. ejectment was brought
against him, and he was ejected from the premises.
Afterwards he delivered over the whole of his stock
in trade to Dyer, leaving in the house household
furniture to the amount of only £5. The present
plairtiff sued him for the bill of costs in the action
of ejectment, and in July he was compelled to take
the benefit of the act. Under these circumstances
it became r, question whether the property handed
to Dyer belonged to his assignees.
Before the case for the plaintiff had terminated it
was agreed to take a verdict for the plaintiff, and
to leave the points of law to be determined by the
Court *above.

COURT OF PROBATE AND DIVORCE.
(Before Sir C. Cresswell and a Common Jury.)

DAVEY V. COMBER AND WIFE.

The hearing of this case was resumed this
morning.
Edward Wyng said that he had been a farmer
and had known the deceased for a long time. He
was engaged to attend on him from October, 1852,
until his removal to the lunatic asylum. He also
deposed to his altered conduct towards his wife and
eldest daughter, and his acts of violence and eccen-
tricity.
A witness named Lizard, a fellmonger, gave some
corroborative evidence.

John Stevens, a tailor, who had been living at
Worthing, in the house of the deceased, in the lat-
ter end of November or the beginning of December,
1856, proved different acts of eccentricity on his
part, and one occasion his having been obliged to
hold him on his back in consequence of his violence.
Mr. Stocker, a physician and medical superin-
tendent of the Grove Hall Lunatic Asylum, proved
the admission of the deceased into the asylum, and
said that at the time of his being removed he con-
sidered he was relieved, but not cured.
Dr. Spinks and Dr. Deane having addressed the
jury,
The learned Judge summed up.
The Jury retired, and after a long deliberation
found a verdict that there was not sufficient proof of
the competency of the deceased to make a will on
the 25th of Jan.,
1856, the day of its execution.
1)e. Spinks, on behalf of the defendants, said that
for the sake of the peace of the family he was in-
structed not to ask for costs.

BERKELEY V. BERKELEY.
In this ease a motion was made on Tuesday last,
on behalf of the Hon. Mrs. Berkeley, for a post-
ponement of the trial in consequence of the absence
of a material witnpf,s, and the motion was ordered
to stand over.

Dr. Spinks, on the part of Mrs. Berkeley, now
produced an affidavit in support of the application
by a person named John Archer, who described
himself as assistant to
detective inquiry
officer," which stated that he was
still prosecutimg
JIM inquiries relative to the absent
witness. Frederick Smith, " a private

Sir C. Crewmen fletid that he knew of no such