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LAM INTELLIGENCE.

COURT OF CHANCERY, JULY 8.
( Second SeaL

RICHARD BENYON DE BEAUVOIR V. RIIODES AND

ANOTHER.

This was an appeal fron-laJecieeof the Vice-Chancellor in
January last, whereby an injunction issued to restrain
Rhodes, of lloxton, from prosecuting certain extensive build.
ing concerns in the neighbourhood of that place and Kings_
land.

Mr. HEALD stated that the importance of this case justified
its being heard out of course, since not only a very large pro-
perty was deteriorating, but 300 workmen were kept out of
employ during the continuance of the injunction. His appli-
cation was on behalf of Mr. Rhodes to annul the decree, which,
with all the respect he (Mrs Heald) was bound to pay to a
Judge's decision, had raised his astonishment. Mr. Rhodes
and his fbrefathers had been tenants of the late Rev. Mr. De
Beauvoir, of Downham..hall, near Billericay, who possessed
considerable property in the vicinity of floxton. The lands
were at first held on farming leases but in the year 1818,
De Beauvoir, when the defendant's lease had nine years to run,
upon a negociation between the parties for a renewal of it, con.
ceived it would be for his interest to let the ground on a build-
ing lease, especially as the Regent's Canal Was brought through
the land. Mr. Tebbutt, the other defendant, was agent to Mr.
De Beauvoir (whose rental was 6,0001., and whose personalty
at the time of his death amounted to 800,0001.), and when- the
building project was conceived, he recommended Mr. Ashbittle,
as a surveyor, to survey the property previous to a lease being
granted. Mr. Ashbittle had, according to the Learned Coun-
sel's statement, a parish-feud with Mr. Rhodes, to whom Mr.
De Beauvoir had offered to let the land on a building lease for
7501., which Mr. Rhodes thought above its value. Mr. Ash-
bittle estimated the value at 4,0001., and in a private corres-
pondence with Mr. De Beauvoir, he cautioned him against Mr.
Tebbutt, who was, and had long been, also the solicitor of Mr.
Rhodes, as a person likely to be more anxious for Mr. Rhodes's
interests than his. After the negociations between De Beau-
voir and Rhodes broke off', Ashbittle, in conjunction with Teb-
butt, jun., son of the defendant, formed a building speculation,
and in November, 1820, wrote to Mr: De Beauvoir, offering to
take some of the land on a building lease, for the purpose of
constructing wharfs on the Regent's Canal. Upon that occa-
sion, however, he estimated the fair rent only at from poi.
to 1,2001. per annum. Mr. Rhodes, finding • the. property
likely to become valuable, and hearing of this offer, applied
to Mr. De Beauvoir, who agreed to grant him a lease for 99
years, at a rent of 1,3001. per annum. The agreement was
signed by Mr. De Beauvoir only, and was dated January 13,
1821, though it contained a condition that Mr. Rhodes was
to give up the remaining term of his existing lease, which would
expire in 1827. After the execution of the lease, Mr. Rhodes
began to excavate a basin, to remove earth and clay, and enter-
ed into various contracts. In September, 1821, Mr. de Beau.
voir died at the age of 85, and the Ifoxton estate went to the
plaintiff; a remote relation. After some time, the plaintiff;
who had administered, and made no objections. to the other
acts of the testator, chose to be dissatisfied with the lease of
Mr. Rhodes. He pretended that it had been obtained by im-
position upon the aged testator; that the rent was inadequate,
and that the lease itself was not such as a Court of Equity,
would admit. Application was made to the Vice-Chancellor,
who, observing that Mr. Tebbutt had acted as solicitor on both
sides, conceived that he had paid more regard to the interests of
the tenant than the landlord, and granted an injunction, which,
among other things, restrained the defendants from building,
excavating the earth, laying foundations, &c., whereby the •
works of Mr. Rhodes were entirely suspended. When the
agreement was made by the late Mr. de Beauvoir, it contained stipulation that' Tebbutt should prepare the wider-leases:—
Mr. Rhodes objected to this covenant forming part of his lease,
bet gave:geklmti.e bond to that effect; and lie afterwards pre-
transaction upon which it would be attempted : this part ot the
of collusion and fraud ; as if Mr. Tebbutt would liastl.char:kre
ed, had he not been the honourable man he was, with 100/. as
a douceur for putting 14,0001. into Mr. Rhodes's pocket. Mr.
Heald, after going at very great length into the various minor
details of the case, contended that there was nothing to justify
the smallest suspicion of fraud or imposition. The decree of
the Vice-Chancellor had been productive of the most serious
mischief : it had converted the land into a scene of desolation,
plunged hundreds of families into distress, and loaded the de-
fendant with actions arising out of his contracts. It would be
better, he thought, that there should be no law than such law
as this. No damage could have been sustained by the plaintiff,
had be been required to proceed to the legal establishment of
his rights without an interim injunction.
Mr. HART appeared for Mr. Tebbutt. He contended, from
the whole correspondence and the documents on both sides, that
the character of that gentleman stood above suspicion. Ile
considered that the injunction was without precedent ; for it, in
effect, brevi menu, made the lease void.
After the Learned Counsel had finished, the LORD CHAN-
CELLOR fixed Monday for hearing the further argUments.

VICE-CHANCELLOR'S COURT, JULY 8.
This was seal day, but no motion of any public interest
came before his Honour.

COURT OF KING'S BENCH, JuLy 8.
MAINE V. COOPER.

This was an action of trespass by Mr. Maine, the proprietor
of Hanworth-park,• Middlesex, to try a right assumed by the
Crown in the banks of a cut made through his grounds. The
defendant justified under the Crown, and the question in issue
was, whether the freehold of the banks was in the Crown, or
whether the right of the Crown was restricted to the use of
them for the purpose of draining the stream. The case, as
opened, appeared of great length; but Mr. SCAILLETT, for
the plaintiff, having produced an old grant of the park, with-
out reservation, and there being contradictory evidence of usage,
the I4mtn CHIEF JUSTICE expressed a strong opinion th.tt
the words of the grant must prevail, to which, after the exa-
mination of two witnessess, the AT T o itNE Y-t; EN EItAL yielded.
A nominal verdict was accordingly taken for the plaintiff, ne-
gativing the claim set up by the Crown.