The Sun.
London, England, 1807-11-17 00:00:00

raiz& *()NF,y.

Serjeant BAtt,yy Moved the Court for a dew, trial
in the casct of Donnelly v.' Sir Home Popham. On
the former trial it had been decided, tint Sir R. PO-
in WO not it Flag Qtlieer at the time he sent
home the 4).e,eicy , captured at Buenos •Ayres,`' and
therefore that he walla entitled to a third of tithe
freight, and to an eighth.of the prize money. The
whole point turned upon this, whether he '4as or
was not a Flag Officer ? In order to constitute a
Flag Weer, it way necessary that he should'have a
Captain ilader liim ; and Sir Hotne/Popham, at the
time of .the, capture, a. Captain .under him,
thhugh One whom he himself had appointed ; and if
the appointment of the Captain made by Sir Home
.should now be approved of and confirmed by the
Admiralty, the Learned: Serjeant, trusted it Would
appear to the Court that the Deictidaut would be
entitled.

Lord Chief Justice 1‘1.4111/414VIELD Said, that upon the.
fial it appeared clearly toihiin that Sir I !owe Pop-,
was. not • a Flag ,Officer, and therefore not en.
itled.—Rule refused. ..

COURT OF CHANCERY, Nov. 14.

HUGIJR4IN AND. WIER V. BAZI,MRY.

This .was a Bill filed to set aside a conveyance
charged to have been Made under false impressions
and undue influence:. The Plaintiff, Mrs. Hugue-
nin,during her first husband's life-time, resided in
the West Indies, and .became, unexpededly, enti-
tled to a ennsiderable landed property in this king.
dont, called Hampton Vale, as heir at laW to .her
father, who died about the time this proposiy de-
volved' upon him by the demise of a distant re.
satire. Mrs. Huguenin, then, Mrs. Hill, with
her husband, repaired to this country imme-
cliatel to take possession of the estate; and
found that the Defendant, the Rev. Mr. Bare.
Icy, had instituted some. legal' proceedings as the
next of kin to the deceased, for the recovery of it,
being at that tune wholly unacquainted with Mrs:
Hill's claims; An Intimacy of the moat
tore soda toOk.place between the litigant parties; thlif
Hill
_dying about this time, the Defendant,, at
the instance of the widow, took upon himself/the,
mailagenint of all, her atliirs and baying gained
a eensiaerable ascendancy over her mind, •in about
four months after her first husband's decease, .she
conveyed the whole of her property in. Hamp-
ton Vale to the Defendant and his'Wife, for life,
with remainder totheitthreo children. The estate
at that tiiue was leased to a Mr. Ainsley, for
6101. per annum, ,and_
.was considered to be of a
',much greater value,, out of which 'Mrs. Hill only 're-
served to herself an annuity of 4001. per' annum, to.
be paid to her by t'he 'Defendant br quarterly pay,
meats. Soon after she intermarried with the pre--
sent Plaintiff, and her annuity vas withheld by the
Deletidant for a length of time, until he was com-
_

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polled to pay it by. order .of the, Court.
Sir SA.XV E.L 116 i I,i'i and Mr. HoLttuttst, for the'
Plaintiff's, contended, that the conveyance in quost ion '
W/13 obtained through undue influence.; :and,
cording to.the law, :and upOn the grounds .of public
policy and e,:pectiency,_ ought to be. set,
Mr, HAII DS, for the Defendant, on the otber`,
Ir•nd, insisted,- that this:wawa free -voluntary
made' to hi 3 client after the rtui6t Pi4iiOrt, and

y lttc pant AWWis, or No. 4. Niatittit-c)titt, 't ; oti puttil,hrd by Wit. 114 M AK:4r GRA SC,tt trps of Soli)] M6iton-street# Cr.:-,svericse-stlulte;
it; it No. I lc!, fltraild ; wheru Aivertisiments, OrPirry to 1,...4.'86. for the ...Editor, Sec, .(post-poid) must be addeessed!
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