The Sun.
London, England, 1847-02-23 00:00:00

LAW INTELLIGENCE.

HOUSE OF LORDS, Feb. 22.

COLE V. SEWELL.
The arguments in this part-heard appeal
,were then re-
sumed. The case came before their Lordships upon an
appeal from the decision of the late Lord Chancellor
of
Ireland, Sir Edward Sudden, dismissing the appellant's
bill. The following may be stated to be the short facts
of the case :—By a deed dated in 1752, Peter Daly, then
seised in fee of a large estate in Ireland, called the Quandary
or Daly estate, vested the same in trustees to the use of him-
self for life, remainder to the use of his three daughters. Ho-
noria, wife of Viscount Kingsland, Margaret, wife of Lord
Athenry, who was also Earl of Louth, and Anastatia, wife of
the Earl of Kerry, in equal shares, as tenants
in common, during their respective lives, with re-
mainders respectively to the use of their first and other
sons, severally and successively, in tail male, with cross
remainders between them, the daughters (as the respondent
contended) with remainder to their respective daughters,
share and share alike, as tenants in common in tail general,
and., in case of the death of any of the said daughters of the
settler, without issue of her or their bodies, then as to such
slaughter's share or shares, to the use of the daughters of the
survivors or survivor, and the heirs of their bodies or body,
and in case of the death of all three without issue, their over
with ultimate remainder, to the right heirs of the settler.
He died without disposing of the fee. Lady Kingsland and
the Countess of Kerry died without issue. Lady Athenry,
Countess of Louth, had four daughters only, the eldest of
whom died unmarried. The second, married to the Earl of
Louth, left four daughters, no son. The third, Elizabeth,
married to Thomas Beiley Heath Sewell, had by him two
children, the respondent, and the mother of the appellant.
The said Lady Elizabeth and her husband, Mr. Beiley,
executed a postnuptial settlement in 1779, providing for
their said son and daughter out of the estate (among others)
comprised in the deed of 1752. The various complicated
questions in the appeal arose upon the construction of these
two deeds, namely, as to the validity or invalidity of the limi-
tations in the deed of 1752, and whether they were not void
for remoteness—whether the estates comprised in that deed
were all comprised in the deed of 1779, or brought within
its operation by a subsequent deed. The respondent's title
to the estate depended on the validity of the limitations and
on the deeds. The appellant claimed against those deeds,
contending that the limitations were void, and he made title
under the will of his grandmother, the said Lady Elizabeth.
The Lord Chancellor of Ireland held the disputed limitations
to be valid, in which case the Lady Elizabeth had no estate
to devise, and his Lordship dismissed the appellant's bill.
The arguments had not concluded at four o'clock, at which
hour the further consideration of the case was adjourned.

PETITIONS ON PRIVATE BILLS.
HOUSE OF COMMONS, FEB. 22.
(Room 22, before Mr. Examiner Smmi.)
UNOPPOSED LIST.
In the following unopposed cases the customary formal
proofs were completed:—
Ipswich and Bury St. Edmund's Railway, No. 3 (Ex-
tension from Bury St. Edmund's to Thetford).
Birmingham and Oxford Junction Railway (Warwick and
Stratford Line).
Birmingham and Oxford Junction Railway Amendment
(Deviation of the line).
Limerick Docks and Harbour Improvement.
Belfast Port and Harbour Acts Amendment, Further Im-
provement, and New Works and Amendment of Belfast and
Cave-hill Railway and Belfast Acts Improvement.
Wakefield Gas-light Act Amendment (Extension of
works).
Eastern Counties Railway (Maldon,Witham, and Braintree
Railway purchase).

OPPOSED LIST.

Eastern Counties Railway (Enlargement of London and
Stratford Stations and Amendment Acts).
Eastern Counties Railway (Branch from Stratford to the
Victoria Park).
In these two opposed cases the opposition was not success-
ful, and the customary formal proofs were completed.
(Room 23, before Mr. Examiner MAY.)
UNOPPOSED LIST.

In the following unopposed cases the customary formal
proofs were completed :
Midland Railway (Extension of the Nottingham and Lin-
coln Branch Railway at Lincoln, with Connexion Branch to
the Lincoln Station).
Bingley Improvement.
Surrey and Kent Commission of Sewers' Act Amendment.
Bognor Docks.
Great Western of Bengal Railway Company, for the
making and maintaining a Railway from Calcutta to Raja-
mahal, in the province of Bengal, with such Extensions and
Branches as may be determined (Incorporation).
Sovereign Life Assurance Company.
Birmingham, Wolverhampton, and Dudley Railway Act
(Stourbridge and West Bromwich line).

OPPOSED LIST.
MANCHESTER AND SOUTHAMPTON RAILWAY.
This important case was opposed by several parties. It
occupied the rest of the day, but the allegations sustained
were not of a fatal or important character.
It was adjourned till to-morrow (to-day).