The Sun.
London, England, 1836-12-12 00:00:00

THE SUN, LONDON, MONDAY, DECEMBER 12, 1836.

CHANCERY COURT.-(THIS :DAY.)

driven amidst the wreck to an island formed by the current,
where they were compelled to remain seven hours before
they could be rescued."

BULLIVANT V. TAYLOR.
The LORD CHANCELLOR gave judgment this morning
in this case, which was argued before his Lordship a few
days since. It was an appeal on the behalf of a retired
solicitor of the name of Wartenbury against'a decision of
the present Master of the Rolls, by which his Lordship
ordered the appellant, jointly with Messrs. Douglass and
Abbey to pay the costs of the supplemental bill. The
original bill was filed by Mr. Bullivant, in his character of
devisee of certain lands in Northamptonshire against Messrs.
Douglas and Abbey, for, the purpose of compelling those gen-
tlemen to deliver up the possession to him of the estates in
question. Messrs. Douglas and Abbey, by their answer, ad-
mitted they had the deeds in their possession, but that they
held them for the appellant, Mr. Wartenbury, who alleged
that be had a lien upon them, as the Solicitor of a Mr.
Munden, from whom the plaintiff inherited the property. A
supplemental bill was then filed, making Mr. Wartenbury
a party, and upon the case coming before the Master of the
Rolls, his Lordship ordered Messrs. Douglas and Abbey to
deliver up the deeds, directing them to pay the costs of the
original bill, and jointly with Mr. Wartenbury, the costs of
the supplemental bill. From this decision Mr. Wartenbury
appealed. Against the appeal it was urged that Mr. War-
tenbury had no lien upon the deeds. On the contrary, it
was alleged that he had, inasmuch as he had been in the
habit of lending money to Mr. Munden, who upon being
asked for it, desired bhp to keep his deeds, saying that they
would bg a security for him, and that be would pay him
interest for the money. His Lordship had carefully read
both the bills and answers, and on the whole was inclined to
think that the Master of the Rolls had not come to a right
conclusion, in ordering Mr. Wartenbury to pay the costs
before h• had given him an opportunity of proving before
the Master that be had a lien. What, therefore, his Lord-
ship would do, was to direct a reference to the Master to
inquire whether Mr. Wartenbury bad any lien upon the
title deeds, and if he had, what was the amount of it.

SHIPPING.-(THIS DAY.)

(FROM LLOYD'S.)
DEAL, DEC. 10.—Arrived the Belize, Howell, from Hon-
duras • Great Britain, —, from Montreal; Thomas Hun-
ter, Hon-
duras;
from Miramichi ; Leveret, Ditchaw, from Cork;
London, —, from Chester ; and Claret, —, from Sun-
derland. Came down from the river the Frances, —, for
Savannah ; Glamorgan, —, for Cardiff ; Nonpareil, —,
for 'Corfu ; Mary Ann, for Demerara ; Hannibal, —, for
New York ; Tapley, —, for Calcutta ; Ann, White, for
Cadiz ; and Rabbetta, —, for St. Übe's. Sailed the Tran-
sit, Wrighton, —, for Lisbon ; Pera, for Constanti-
nople • Filden, —, for Chester ; Saltrem, for Ply-
mouth% Edward (steamer), —, for Cowes • and Statira,
—, for Jamaica. The rest of the outward-bound remain.
PORTSMOUTH, DEC. 9.—Wind W. by N. to W. S.W., fine.
Dec. 10. —Wind W. N. W., fine. —Arrive d the President,
Chadwick, from New York. The report in Lloyd's List,
dated 9th December, relative to the Lord John Russell,
Ritchie, from Memel, is incorrect ; she has not been in con-
tact with his Majesty's ship Fairy at Mother Bank, it was in
the Yarmouth Roads ; the danger sustained is trifling.
FALMOUTH, DEC. 9.—Wind W. to W. N. W., strong gales
and squally.—Arrived off port the John Price, Cockburn, from
Quebec. Dec. 10.—Wind W. N. W. to N. W. , strong gales
and squally.
PLYMOUTH, DEC. 9.—Wind W. N. W.—Arrived the Sul-
tan, Ball, from Quebec ' • his Majesty's ship Conway, from the
East Indies. Sailed the Spey packet, for Madeira and Brazils ;
Opossum packet, for Halifax ; Iberia steamer, for Lisbon,
Oporto, &c., and the rest of the outward-bound.
CREEK, DEc. 10.—Arrived the Clementine, from the
Mediterranean.
MARGATE, DEC. 10.—Off port the Maria, Browne, from
Halifax.
SOUTHAMPTON, DEC. 10.—Arrived the Herne, Miller,
from Quebec. •
COWES' DEC. 10. —Wind W. S.W.—Arrived the Sarah,
Fleming, fram Milburn.
PENZANCE, DEC. 9.—Arrived the Phcebe, Stevens, from
Prince Edward's Island.
JERSEY, DEC. B.—Arrived the Virginie, Asplet, from Tri-
nidad ; and S. R. L., Aricher, from —.
ILFRACOMBE, DEC. B.—Arrived the Cervantes, Rogerson,
from Campeachy ; Kent, Bailes, from Quebec, and must dis-
charge to repair, bound to London.
LIVERPOOL, DEC. 9. Arrived the Grace, Paul, from De-
merara ; Brenton, Bath, from New Orleans ; Napigr, Staf-
ford, from Virginia ; Portsmouth, Marshall, and St. Andrew,
Thompson, from New York; Anne, Foster, from Pictou ; Alka-
baska, from Newfoundland ; Dispatch, —, fromißichebucto ;
Sarah Maria, Booth, from Newfoundland ; and Laura Anne,
Kemp, from Lisbon. Off port the Helen, —, from Charles-
ton ; and Charlotte, Fisher, from Quebec.
CLYDE, DEc. 9.—Arrived the Hamilton, Shaw, from De-
merara; and Felicity, Heber, from ditto.

SPINCER V. HOGG.
This was an appeal from the decision of his Honour the
Vice-Chancellor, directing the specific,performance of an
agreement for the sale of a house in Midlaur, in the
county of York. The facts of the case appear
.to be
these. In 1831, the defendants were in possession of
the property in question, which the plaintiff was de-
sirous of purchasing, as it joined part of his property.
For the purpose of effecting the purchase he employed a
gentleman named Christian to negotiate with the defen-
dants, one of whom wrote to Mr. Christian, stating that
they were willing to sell the property f0r.120/. Mr. Chris-
tian considered this letter settled the matter, and was
extremely surprised shortly afterwards at seeing the pro-
perty advertised for sale by public auction. He attended
at the house where the sale was to take place, and declared
previously to its being put up that he had purchased the
property for 1201., at the same time stating that any person
who purchased it by auction would be subject to a Chancery
suit, as a bill would be filed in that Court for the purpose.
of having the letter specifically performed. Notwithstand-
ing.this the sale took place, and the property was bought
in ; subsequently, however, the defendants entered into a
treaty with a Mr. Ralph Wilson for the sale of the pro-
perty,, and refused to, perform the agreement with Mr.
'Christian. The plaintiff then filed his bill to have that
agreement specifically performed. On the case coming
before the Vice-Chancellor he decreed a specific perform-
ance ; and from that decision the present appeal was
brought.—The case was proceeding when our Reporter left.

The Easter, Thompson, from Cuba, leaks with loss of fore-
mast, &c., bound to Swansea.
The Keiro, Sheppard, was totally wrecked at Pisa, on the
22d ult. Crew saved.
The Bristol, M'Keon, from Liverpool to New York, was
totally wrecked near the latter port, on the 21st ult. The
Master and part of crew saved;
The Liverpool, from Miramichi to Liverpool, was stranded
on the island of Juck, on the 4th inst. Crew saved. •
The Content, Collins, from Hamburgh to Sunderland, was
stranded in the Eider, on the 6th inst. Crew saved.
The Christine Brearde, from Fredericksham, put into New-
stadt leaky, and must discharge. Bound to Gloucester.
The Blenheim, Watson, from St. Petersburgh to London,
was lost on Lauland, on the 30th ult. Crew saved.