The Sun.
London, England, 1849-03-15 00:00:00

ircELAND.

(BY ELECTRIC TELEGRAPH.)
DUBLIN, WEDNESDAY EVENING.—The agitation
against the sixpenny legislation of Lord John Russell is
becoming more and more furious, and is rapidly extend-
ing itself beyond its northern and eastern limits.
A meeting to oppose the measure was held yesterday
at Granard, county of Longford, but the harmony of the
proceedings was marred by the proposal of a resolution
to the effect that the property of the Church should be
confiscated, and handed over for the relief of the poor.
After a scene of great confusion, the meeting broke up
without coming to any decision upon the resolutions.
IRISH RAILWAYS.—It is stated here that Lord John
Russell has written to say that he laid the proposition
for a committee which was made by the Railways Depu-
tation of Saturday before the Cabinet, and that they
cannot accede to it, but that he will consult Sir J. Bur-
goyne on carrying out a system of railways in Ireland,
to be executed by Government on the plan proposed in
Burgoyne's Report.

VICE-CHAN CERY.—(THIS DAY.)
(Before Vice-Chancellor WIGRAM.)
PELLEY V. WATHEN.—JUDGMENT.
His HONOUR gave judgment in this case. On the
14th of September, 1839, the plaintiff became second
mortgagee of the freehold estate of one William
Brooks, for securing the payment of a sum between
four and five thousand pounds. The legal estate
in the property was vested in the first mortgagee, and
the property in the mortgage was also comprised in a
term of years, which was vested in the trustee of the
first mortgagee. In 1841 the property was sold by the
mortgagor, and on the completion of the sale the legal
estate in the fee-simple was, by indentures of the 6th
and 7th August, 1841, conveyed to the defendant, as
trustee of one Lewis, and the term of years was on the
same occasion vested in the defendant. Before the time
of the sale the defendant Wathen, in the first instance,
and afterwards with his partner Basset, were the
solicitors employed in transacting the busines
of the sale ; and, on the completion of the
sale the title; deeds came into their hands,
as solicitors of Lewis. Wathen and Basset claimed a
lien on those deeds, for the costs due from Lewis to
them as the solicitors of Lewis before and since the
deeds came into their possession. That the claim of the
solicitors to their lien was to some extent good as against
Lewis could not, he (the Vice-Chancellor) apprehended,
be disputed; but the solicitors had set up a more exten-
sive claim, and had contended that their lien was good
not only as against Lewis, but also as against the plain-
tiff, who is the mortgagee of Lewis, and whose security
in point of date had precedence of the lien of the soli-
citors, considering that lien as commencing at the time
when that lien came into their possession. The solici-
tors, he assumed, had no notice of the plaintiff's claim
till after the deeds came into their possession. The
question raised was perfectly simple. The plaintiff
was mortgagee of the land. If his interest was equitable by
reason only of the legal estate, was his the, first
mortgage at the time he took his security ? The
mortgagor had since sold the mortgaged property with-
out any communication with the plaintiff, and had paid
off the first mortgage. The Master had found that
the lien was good, not only as against Lewis but as
against the plaintiff. Was the Master right or wrong in
that conclusion ? The ease of " Molesworth v. Robins"
appeared to him (the Vice-Chancellor) to decide this
case in favour of the plaintiff. The law in general com-
mitted the custody of title-deeds to the person entitled
in possession to freehold property. Could it be that a
tenant for life, for example, having a very limited in-
terest in the land, could have power to pledge the deeds
for more than his own interest in the Lind to the preju-
dice of the remainder man ? Nothing but the most
clear authority could sanction an answer to that question
in the affirmative.
His Honour had not concluded when eur report left.
(Before Vice-Chancellor KNIGHT BRUCE.)
His HONOUR was occupied during the morning in
hearing short motions, which offered no materials for a
detailed report.