The Sun.
London, England, 1825-04-13 00:00:00

LAW INTELLIG ENC E.

COURT OF CHANCERY, APRIL I.
Thi3 was. the first seal before term.

6LIMORGAN9IIIRE DOWLARS COMPA!..I Y.
WATKINS . Ji.IULE.
Mr. HART said he had a motion in this case, which his
Lordship would very well recollect, and it was for an order to
commit Mr. Bayley to the Fleet:prison, for not delivering up
possession of the above works upon the givcii day on which
the Court had ordered the delivery to be made, when it Set aside
the sale.

- - -
KNIGHT said there was a cross motion to be made.
Mr. HART was aware of it ; but unless the other side could
show, upon making their cross motion, that the order of the
Court was to be considered as a dead latter, the granting of his
motion was quite of course. _

Mr. SUDDEN stated, that their motion, on the part of the
purchaser, was, that all proceedings should be stayed, pending
the appeal which had been carried to the house of Lords against
the order of the Court.

. .
Mr. HAIIT could not take it for grmited, that a mere appeal
to the House of Lords was sufficient to Stay the execution of an
order of this Court, without some other case being made out.
Mr. SUGDEN considered it quite impossible for the Court to
make an order recinding the sale, and putting a dead stop to all
the works, by desiring that order to be executed in the teeth of
an appeal against it, when it was remembered that all the 1m l--
chase-money had been paid, and when the plaintiffs could not
by any means,carry on the works to such advantage as the de-
fendant was doing.
Mr. HART thought all that was necessary for him to say. in
reply to the observations of his Learned Friend was, that in tact
the Court had already made such an order.
The LORD ClTAxcEt.rmit.—lf your money, Mr. Sugden,
has been paid, you will receive it back, upon delivering up the
possession. I apprehend if an application were made to the
house of Lords to stay the proceedings, that house w,,11(1 say,
" Apply to the Court that made the order." If a Noble an‘.!
Learned Lord be in town (but I am afraid hs is not, from the
accident he has lately met with), I shall move the House of
Lords to have that appeal heard on Friday ; at the same time
I think it right to say, that before 1 gave judgment in " Wat-
kins v. Maul,," I consulted that Noble and Learned Lord
upon it, and he said, that the sale ought not to have stood for
one moment. _ _

After some desultory discussion between the Counsel,
The LORD CHANCELLOR directed Mr. Hart to move for his
order on Friday morning.

LOPEZ V. ANDREW.

Mr. SHADWELL moved ex-paric for an injuction to restrain
the defendant or his servants from further working the
steam-engine, and raising ores and minerals, not comprised
in the indenture mentioned in the pleadings. The circum-
stances were Very short :—The plaintiff granted a lease in
the month of March, 1821, to the defendant, to work certain
mines of lead on one side of the river Taddy, in Devonshire;
the mines on that side of the river only were to be worked ;
and as the plaintiff's house was situated on the other side of
the river, immediately opposite the works, it was stipulated in
plain terms in the indenture, that no erection was to he made
or used to impede the view from the house, or which would be
a nuisance to it. A Mr. Jenkins had made an affidavit, stating
that he had examfred the mines now in working, and found
that the defendant had carried a subterraneous passage under
the river the length of several hundred yards, and wits working
the mines far beyond the boundary line. It also statAl dust the
steam-engine had much intercepted the view from the house,
and was a great nuisance to it.
His LonnsHlP asked if the mines on the house side of the
river were the plaintiff's, and when the engine compitined of
was erected ?
Mr. SHAnwr:Lt. said the mines on each side of the river
belonged to the plaintiff, and that the bill stated that the steam-
engine had been erected lately.
His Lonnsim, directed the injunctlon to issue as far as it
sought to restrain the defendant from taking any ore or mineral
not demised, and that notice should be given with respect to the
part about the steam-engine.