The Sun.
London, England, 1807-03-24 00:00:00

LAW REPORT.

'COURT OF CHANCERY, MARet4
WHITLOCKE V. SYDENRAM, &C.

THE Plaintiff, a pauper, Moveil, by Mr. PLOWDEN,
his Counsel, to suppress the depositions taken at
Nunhead, in Somerset,, in Jan. 1806, ;by William
Kinglake and Richard Mead, Commissioners in this
.
cause, for partiality and injustice.' The Counsel for
the Commissioners oppoed the Motion liminc,
on the grounds that the Plaintiff was a pauper, who
for years had harassed some
,of the first people in'the
'• country, such as Sir Philip Hales, Mr. Luttrell, &c.
'by his claims for estates, amounting to -.50,0061: a'
year and upwards. The LORD CHANCRLLOR desired
to hear a summary statement of the case, which was',
as follows : The Plaintiff's father, John Whitlocke,
a poSthumous child (his mother having died in labour
with him), being heir at_ law to all the Whitlockcs
of Devon:and Somerset, had been secreted or-stolen,-
by the husbands of his cousins, the MissWhitlockes,
and brought up in obscurity with one John Widlake,
whose name was imposed upon hiM. Meanwhile
the estates were seized and disposed of. This per-
son, in 1788, discovering his name and family, and
being in a pariSh work-house at Cutcombe, which
was on part of his own estate, served his ejedments
for the recovery of the-lands; on which some of the
Defendants, composing the' parish vestry, assured
him that he must relinquish his claim to the estates;
.and on .his refusing so to relinquish his claim, they
would no longer g.ant him parochial relief. The
day of this refusal he was found dead on the high-
way. Since the execution of the above commission,
and after all monuments, tomb-stones; arnis, and
-other memorials of the Whitlocke family, were to-
tally destroyed, a certain assessment book, passed
by the parish-officers, was produced in Court, esta-
'Wishing the name of William Whitlocke, the Plain-
tiff, and his father, the name being the' chief Matter
in issue. This contraditled all the depositions sent
up by the Commissioners, except one., The Loan-
CIIANCELLOR observed,. with 'strong. feeling, that
the poor, in that Court; were entitled to equal jus-
tice with the rich ; and that wherever this man might-
be, be should take care that impartial justice should'
be administered to him in this instance. He then
ordered all affidavits, papers, &c. relating to this ex-
traordinary case, to be laid before him, in order that
next week an opportunity might be afforded for a
full investigation into it.

MARCH 23.

DOWNS V. REES GORING THOMAS, AND D.W. LOWS.

This is a Bill, the proceed4igs on which we have
had frequent occasion to notice; it was filed by cer-
tain creditors of the late Marquis of Doilegal; who
held debentures secured upon his estates. His Lord-
ship being largely indebted to his creditors, executed
a deed of lease and release to them, by which he
committed to trustees certain estates, to raise by the
sale of them what was necessary for the payment of
such debts. This deed was executed with the con-
currence of Lord Bailee, whd had succeeded to the
marquisate. The total of the sums claimed; with.
the interest, after a lapse of six years, amounted to
upwards of 50,0001.
The SOLI CITOR-GENER AL recited, from the com-
meneenee-nt, the leading particulars of the proceed-
ings in this cause, in which a variety of references
had been had to the Masters of the Court, and several
reports had been made, for the purpose of bringing
the estates to sale; but every measure had been
found inetieClual, in consequence of the resistance
given by the Marquis. As late as the 26th of De-
cember lasts Messrs. Colley, Aldridge, and Smith,
had written to. Lord Donegal, stating the necessity ,
of his compliance with the orders of the Court, by
supplying the documents, and explaining the terms.
on which the leases were granted, unless he was
prepared to suffer a very considerable loss in the sale,
sfor the want ola clear title to the purchasers, and of
that information which was always conceded in such
cases. The answer of his tordship was very eon-
cise ; it was dated on the lett) of January, so asap
arrive only a few, hours before the sale. He said,
" Your letter of the 26th of last mouth I was fa-
voured with, and I am sorry it was not in my power
to-comply with your desire, ,as you seem .anxious to
serve me. I have given orders to my agents to re-
sist the sale, until there be granted sonle authority
more to the purpose." The authority .in this case
called in question was nothing less than a decree of
this Court. It was a question between the su-
periority of the Lord Chancellor and -the Maryiis of
Donegal. The Petition by the Creditors was, that
the Master might be at liberty to advertise and sell
the estates, to pay these debentures ; that he might
call upon the purchasers for a deposit of 20 per cent.;
that the conditions of the sale might be, that the
leases now subsisting need not be ascertained, and
that the counterpart of such leases neednot be de-
livered to the purchasers: '
Mr. HART, on the same side, observeds that if it
were trot direeted that the purchasers should -deposit
20 per cent. his. Lordship would set up wen of straw
as aedders for the estates, and thus the orders-of the
Court would be frustrated. An attetnet of this
kind was made by a Gentleman of the name of
Daniel, in the time of Lord Roselyn 5 and to prevent
--the repetition of it, the purchasers were to make a
depesit of 25 per cent.
Mr. OWEN, on 'the part of the Defendant (Mr.
Thomas) said, that no such attempt had been made
by the Marquis of Donegal, and that the proper re-
gard being had to the course of proceedings in
.equity, no such order cotild be given unless such
practices had actually been carried into effect. His
Client, Mr. Thomas, at the same time, wished to
throw no impediment in the way of justice, bueto
comply strictly with the mandate of the Court.
The LORD CHANCELLOR felt no difficulty i•n effec-
tuating the ends of justice: Lord Donegal granted
debentures to the amount of 40,0001. and upwards,
as a charge upon his real estates, and there bad been
a decree for the sale of-thene There was no doubt
these would be sufficient, and he was glad the cres
ditors would be paid their just demands.- ;-It-was de-
sirable, however, the sale should proceed to the best
advantage for the proprietor, and it would be dis .own
fault if k were otherwise. He was in Scotland, out
of the jurisdiction of the Court, bUt he would be
prized of his situation. His Lordship added, ‘, I shall
never be disposed to help those persons, or the re-
presentatives of such.persens, who are endeavouring
to retain property, and to leave the creditors of that
property unsatisfied.