The Sun.
London, England, 1840-11-12 00:00:00

NEW TRIAL PAPER.

CAIRN V. BRICE AND ANOTHER.

The Loan Cniar BARON read over his notes of this
trial, from which it appeared that a Mrs. Morgan
lived separate from her husband; she had some
property which had been settled upon herself, from the
proceeds of which she had taken and furnished a house
for herself. Her husband became involved, and
was sued by the plaintiff. They obtained judgment against
him, and, under it, seized the furniture so acquired by the
wife. At the trial the Jury found for the plaintiff.
Mr. ERLE showed cause against a rule for a new trial
obtained by Mr. Platt, and contended that the verdict
could not be disturbed, because there could be no doubt
but that the goods were the property of Morgan. It was
the ordinary case of a married woman acquiring property,
if he might use the term, and that the property imme-
diately became the property cf the husband. It had been
laid down that a married woman could not maintain trover,
—nor in the criminal law could a woman who was living
separate from her husband, bnd having acquired property
in the way Mrs. Morgan had done, and a burglar were to
break in and steal it, an indictment could not be prose-
cuted by the lady, but must be laid as the property of the
husband.
Mr. Moony followed on the same side.
Mr. PLATT, in support of the rule, contended that, as
as the money was given to the lady for her separate use,
and she having laid it out in clothing, &c., for herself and
children, had applied it to the purposes of the trust, which
would r.ot he satisfied until the clothes were worn out, and
therefore the property still vested in the trustees. lie
did not deny that the husband might have taken the
property, and it might then have been seized, but in this
case that had not been done, and therefore it had never
become his property. Besides, as Morgon had been a
bankrupt, and had not paid fifteen shillings in the pound,
if the property could in any way
be said to be in the hus-

band, it would have vested, by Act of Parliament, in his
assignees—they had nct claimed it, therefore be might
infer they were satisfied it was trust property.
The Court took time to consider the case.
The Court could go no further in the new trial paper, in
consequence of the absence of Counsel. The causes, how-
ever, were not struck out as at other times, absence at
Cambridge being held a sufficient excuse.
The Court rose at half-past one o'clock.

MARLBORO UGH-STREET.
(THIS DAB'.)

A middle-aged person, whose appearance bespoke him
to be in a state of utter destitution, and who was entered
on the Police-sheet as the Rev. Denis Gillicurry, was
charged with begging in the street.
The priest said that he was not begging, but was merely
soliciting the gentlemen to examine into his case, and see
with what liarshness and injustice he had been treated.
He had been brought up at Dul,lin University, and was
ordained by the Bishop of Down, who received the highest
character of him from the University. The living he was
preferred to was, however, taken from him by his Lord-
ship on the alleged ground of his having formed an at-
tachment for a married woman, which charge was never
proved against him, nor was he guilty of it.
Mr. LosQ said he was sorry he could do nothing for
him, and ordered him t.) be discharged.

THE MARKETS.-(THIS DAY.)

COLONIAL MARKET.

Prices were steady for all descriptions of Produce, but
there was little business done privately, and the public
Sales were of little consequence. For next week several
large sales have been declared. The imports keep light.