The Sun.
London, England, 1853-11-16 00:00:00

BAIL COURT-YESTERDAY.

(Sittings at Nisi Prius.---Before Mr. Justice Erle and

Common Juries.

HUGHES AND ANOTHER v. LUMLEY AND ANOTHER.-HER
MAJESTY'S THEATRE. -EJECTMENT.

Mr. Bramwell and Mr. Unthank appeared for the
plaintiff; Mr. Hoggins, Mr. Lush, Mr. Wise, and Mr.
Raymond for the defendant.
Mr. Bramwell, in stating the case for the plaintiff,
said that this was an action of ejectment to recover pos-
session of the Italian Opera House, in the Haymarket.
The plaintiffs were Mr. Hughes, an attorney residing at
Worcester, Messrs, Lyons and Barnes, attorneys, and a
Mr. Storer, a gentleman of fortune. Mr. Lumley, the
defendant, was well known as the lessee and manager of
the Italian Opera House. The other defendant was a
Mr. Fish, a person under the control of Mr. Lumley.
It appeared that each of the plaintiffs had severally re-
covered judgments against Mr. Lumley, and they had
all issued writs of extent against his property. They
had also all joined in bringing this action. As far as
ho could see, the only question in this case would be
which of the plaintiffs would be entitled to succeed.
Hughes had been the first to register his judgment for
1,1431. 10s., on the 10th of August, 1852, in the Court
of Common Pleas, and in Middlesex on the 11th of May,
1852. One of the other plaintiffs, Mr. Storer, registered
his judgment for 2,5691. in the Court of Common Pleas,
on the 22d July, 1852, and in Middlesex on the 4th of
January, 1853, and another judgment for 22,4821. was
registered in the Common Pleas on the 18th December,
1852, and in Middlesex on the 20th December, 1852, by
Messrs. Lyons and Barnes. The writs weredelivered to
the sheriff, who did not execute them until the 26th Ja-
nuary, 1853, on which day they were all put into exe-
cution without notice to Lumley, according to the
priority in which they had been delivered. The inquisi-
tions were taken in the same form, and stating that
when Hughes's writ was issued there were no other
writs in the office.
Mr. Hoggins, for the defendant, submitted that Mr.
Hughes was not entitled to recover in this action. The
first question was whether the three plaintiffs, or which
of them, would be entitled to recover, and that would
depend upon the meaning to be put upon the statue of
Ist & 2nd Victoria, c. 110. Hughes' case stood in this
form : his judgment was registered on the 10th of Au-
gust and Storer's on the 22nd July ; and by the 11th
section of the statute, the sheriff was empowered to de-
liver execution to a judgment creditor, but the section,
after reciting that the law was defective in not provid-
ing sufficient means for a judgment creditor to obtain
satisfaction for his judgment, enacted that the sheriff
should deliver execution to the person seized at the time
of entering up the judgment. On looking at this it
would appear that Storer's judgment was anterior to
that of Hughes'. The 19th section provided that
no judgment, by virtue of this act, should affect any
lands unless a memorandum of minutes should be left
with the Master of the Common Pleas. It was provided
by the 14th section that a judgment should operate as a
charge upon real estates &c., to which the party should
beE entitled, and then its gave a remedy in a Court of
Equity. Thus it would appear Storer's judgment must
sTth haheye hsPehr ireif froirffti
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Barnes, in consequence of Hughes and Storer having a
previousm r.
or upsotsi
secessEiornle. said that 'the construction of the
statute must be left to the court above.
Mr. Hoggins would then submit his defences with
regard to Hughes alone. It was enacted by the statute
of Anne, c. 16, sec. 1, that no one should take directly
or indirectly for the loan of money more than 5 per cent
per annum, and the loans, &c., securing more should
be void. The defendant did not seek to set aside the
judgment on the ground of usury, however frightful it
might have been, but he said the law did not impose
this restraint upon him, that he should not obtain a
u
priority over other persons.
Mr. Justice Erle said that it had been decided:gm
d thatent
this only applied to a loan upon land.
Mr. Hoggins submitted that th is
w
upon a wrrrant of attorney, dated theta2hse a
sthdef of June,
1852. The advance was 1,0001., with
for the payment of 1,1401., the whole of which was to
be repaid within two months. The learned council
then called
H was P
eJ
a.
advanced
Hughes,anhceeeddlu,
poeo 01.
nwahho said
agreementtha t t
andlie sum
bills
ehfe
eaxdevhaanncgeed.
and was to have 1,1401., payable
weekly within two months. That would be more than
5 per cent, per annum. That
.was including
expenses
of the preparation of papers and journies. There was
Dr. Barker,
and agreement signed by Mr. Lumley and
and subsequently one with Mr. Gye, under which
he (Hughes) received from Mr. Gye 5,0001. for
his interest in the theatre and for a lease. He
had to pay the rent and insurance. He considered
the 5,0001. as applicable to the payments he had to
make in respect of the theatre. Mr. Gye had demanded
the repayment of the 5,0001., because he could not give
him possession. He knew that Mr. Gye did not enter
into the agreement with him in order that the theatre
might be closed.
Mr. Hogging then submitted that Mr. *Hughes' evi-
dence clearly proved that lie had been paid out of the
5,000 i. he had received from Mr. Gve.
A great deal of discussion having taken place, it was
eventually agreed that a verdict should be taken for the
plaintiff Hughes, with leave to the defendants to set
aside or alter the verdict.

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POLICE INTELLIGENCE.