The Sun.
London, England, 1838-06-11 00:00:00

VICE-CLIANCERY.-TiliS DAY.)

THE MARQUIS OF DOTE V. THE TAFF RAILWAY COMPANY.
The Court was occupied the whole morning with this case, which
came before the Court upon motion on behalf of the Merthyr Tidvill
and Tar Railµ•ay Company, for the purpose of obtaining the dissolu-
tion of an injunction granted exparte, restraining the Company from
proceeding to summon a jury to assess the value of certain land belong-
ing to the noble plaintiff; over which it was necessary to carry the
Railway.
The arguments had not concluded when our Reporter left.

ROLLS' COURT.-(THIS DAY.)

VIVIAN V. lIUMPARIAS,

Mr. Sergeant Bomeas appeared in Court this morning to reply to the
arguments that had bees urged on this motion, but as the Learned Ser-
geant stated that he was exceedingly unwell, the Master of the Rolls was
kind enough to say he would bear it on Monday next.

The LEARNED SERGEANT thanked his Lordship for the indulgence,
but said that rather than inconvenience his Lordship, or any of his
Learned Ftiends, he wou:d at once proceed, whatever pain it might oc.
caEion him.

The MAsTEtt cf the ROLLS wuu'd not permit him to go on, and Mon.
day next was therefore fixed for the reply.
-- • ------

LYRE V. MARSDEN.

Mr. KINnEastEY then replied in this ease, and the Master of the
Rolls stated he should give judgment on a future day.
flis Loansitte was obliged to rise at half-past twelve o'clock, being
unable lo procure the attendance of Counsel to proceed with motions.

COMMON PLEAS.7(THIS DAY.)

JURISDICTION OF THE COURT OVER ATTORNIES.
EX-PARTE WOOD.

This was an application on the part of Thuriston and Anor, Trustees
to an estate in Staffordshire, for a rule to compel Mr. Wood, en Attor-
ney and co-Trustee, to go before the Master and produce his accounts.
Their affidavit charged, that for 17 years, Mr. Wood had received the
monies of the estate, and that during that time he had not given any ac-
count,
appeared upon his affidavit. He said that this was a case
for a Court
CHIEF
and out of the adjudication of this Court.
T
JOSTLE said that he (Mr. Wood) was an officer of the
Court, and their Lordships would compel him to account for any monies
which he was alleded to have received. The rule should be made ab-
solute, that he go before the Master and prove his accounts.
Mr. Wool) had been 41 years on the roll; but he had rather that
:and refused to give up the deed.
ihr.Soon l
of Equity,
his name were struck off, than that such a rule should be made against
Mr. Justice PARKE.—But the Court will not strike your name off,
e
until you have settled you accounts in this cause.
The CIIICF-JUSTICE—Send in your accounts, and go before the Mas-
ter,character will stand as high as ever.—Rule made absolute.
thi
s,
whenyu you can show if you hrav a lien on the deed. When 3ou do
r

EXCHEQUER COURT-(THIS DAY.

DOE. DEM. LITTLEWOOD GREEN.

The Loan Ctims,l34noN, in giving judgment id this case, said it arose
noon the construction to be put upon the wirds contained in the last will
and testament of John Newham. After devising certain pro-
pert v the testator gave the property in question for certain
,
lives (which lives had fallen in since the testator's death), failing
which the property was to go to his nieces Elizabeth Green and Jane
as joint tenants, and to their respective hors and assigns for
The last life having fallen in, and Jane Pearce having also died,
th Greets took possession of the property as surviving devisee.
Pearce,c'Ev'iesi ezr;blecssors of the plaintiff claimed a shore of the property as devisees
of Jane Pearce, and so the case came before the Court. The Court
considered the words in the will " heirs and assigns" to mean that the
two nieces were the joint tenants for liie with remainder to each as te-
nants in common fee. The judgment therefore was that tlfe defendant
was entitled to a non pros.