The Sun.
London, England, 1823-11-07 00:00:00

LAW INTELLIGENCE.

COURT or CHANCERY, Nov. 6.
This being the first day ,of Term, his Lordship did not take
Mit seat until nearly one o'clock. He then proceeded with the
anal.

AtAltaY v. CAMACIt,
This is aecase; with some of the- particulars of which the
inhlic is already acquainted, ie havtng been frequently he-
:ore the Court, and as it involves interests of rather an ex-
tensive nature am respects the will of the late Mr. fleorge
Wingee. Mr. HART now appeared as Counsel on behalf of
the plaintiff, and stated that this was a bill tiled for the double
purpoee, Ist, of conipelling the defendant to account for cere,
taint monies in his hand, and to perform the agreementen-
tered into between the parties; and, 2a, for an injunction to
retrain him front proceeding in a distress upon the plaintiff's
goods. The Learned Counsel at great length detailed the facts
of the case, and it appeared from his statement that the pre-
acne extensive litigation arose out of the will of a Mr. charge
Wingee, the validity of which had been disputed by the defend
ante. Disputes arose between the parties,- which, hoteevet,
were, in some measure, if not entirely, settled by a deed exe-•
cutcd on the 30th September, 11115, under which both parties
agreed that all the proceedings under the will should be rati-
fied and confirmed. It was further determined that a valua-
tion•shouldbe outdo of all the real and personal- property, and
an account taken of the incumbratices and debts of the tes-
tator. These were to be dedutted from the value elite estates,;
and the residue was to be -dierided between- the two parties. It
was provided that, WI .of this, residue was to be secured to
Messrs. Wilson and Lee, the trustee* under the marriage settle-
ment of Mr. and Mrs. Marry, and that the'defendant should:,
be put into immediate • poeseseiOn of. the estates. The surn
thus secured to the trustees was to carry interest of 5 per cent.
and the principal was not to be demanded until October'',
1820. It was further determined, 'that when this period are
died, recoveries should be suffered, and. regular .conveyances
executed foe the purpose of raising the money to be so paid by the I
trustees; upon a valuation being taken of the personal estate,
it was found to be worth 3,0711. I6s. and' the real estates Were
valued at 63,9731. by Meessre. JocelYn and Wyatt, the appointed
appraisers. A small portion of the, Teal estates was SOW to Mr.
Holmes, the Solicitor of the defendant, for ON/. Orethelith
Noeember, 1817, Mr. flelmee wrote a letter to the plaineiff; in.
the name of' the defend'ent, calling upon him to sign the necese
sartdeeds for suffering a recovery, and declaring uses,•and stat-
ing that the defendants were perfectly rady.to.perferm the
aement. which had been entered into. It was insinuated.
if thegr plaintiff' refused' to patent the agreeinam, legal' steps
.would betaken to compel it. ; 'Notwithstanding this letter, the:
piaMtiff abstained front executing the deeds for suffering a re-
covery, and in Michaelmas Term, 1117, the defendantieffted a
'bill for the specific performance" f the agreetnent. Subsequent..
ly, the necessary deeds were execetted on 21st and 22d Jan. 111111;
and a recovery was suffered. By these legal instruments, the
estates were conveyed in fee simple to the defendant,' 'Mies
Wingee (afterwarde• Mrs. Catnack.) Jim September, 1421, the
marriage took place between Miss Wingee and 11Jr. Cemack:
Shortly, previous to the marriage, a portion of the real estate had
hewn 'deo Mr. MarrY, at a yearly rentlof 626/. This rent was
deducted front the interest due to the plaintiffe and was thus
anneally paid.. Since the marriage of the, efendants, no money
whatever had been paid to the plaintiffs, and the Only consider
retion they hied received arose from the estates which they
rented of' the defendants. In consequence the present Bill had
been tiled co, compel the.dofendants to, account for the rend
and profit of, the estatett, and praying' that a receiver 'might he
aPpointed until thesaerfatters in dispute between the parties
were finally arranged. An itpulieerion.to 1140frect had. been
mule before his Honour the Vice,Chisneeller,, and it was met
by a Vet* long answer, put in by the defendente, in which
they admittedthe principal feces alleged by the plaintiff's.' Tit'
Dill now :before the ,Court ilea prayed fir an injufictitM
against the defendants, and it was foun ed upon the following
circumstances :--The estate::, which Mr. Marry eented at 626 e.
per annum, had been retained as a sati3faetion, pro tea°, of
the interest . rut to him, and
ii3netCeen:eteoefettillei:
rneonttliii;ugt
had
been paid to until die month of October last, no steps
had paid
taken to enforce the ly
pthirticnotipt.
consequence of:
thiissiyantre.i7lo4nntoctiucenvrilicipirei,l4.eitiltiotl:lis,i,pspratrtedieitteihd,7.
glitter, the plaintiff did prepare
vertised a sale of his geode for the 24th Octeliere Os, the '22d
October, iluweveri• just two days before the :Ws, was to bike
place, the defendant "pet to quit the
pet in a dietrees for upwards of 1,3401.
being every 'editing of the rent due Since the carriage of die