The Sun.
London, England, 1846-08-26 00:00:00

LAW INTELLIGENCE.
COURT OF BANKRUPTCY, August 25.
(Before Mr. Commissioner HOLROYD.)
JOHN EDEN SPALDXNG'S INSOLVENCY.
. . . _

Thii insolvent, who is highly related, appeared before
the Court on his adjourned interim order. The former
proceedings in this case huve been fully reported.
Mr. PETERSDORFF said he appeared on behalf of
Mrs. Evans Gordon, who claimed part of the property
supposed to belong to the insolvent, and also a sum of
ey.

Mr. COOT E (for the insolvent) asked Mr. Petersdorff
whether he meant to say that Mrs. Gordon was a
creditor ?

Mr. LEWIS for several creditors, objected to Mr.
Petersdorff being heard at all till he proved that his
client possessed a locus standi as a creditor.
Mr. Commissioner HOLROYD said he must hear part
of Mr. Petersdorff's statement before he could decide
whether he was in a right position or not.
Mr. PETERSDORFF then procc;eded to state that
Mrs. Gordon did elahn to be a creditor for a large
sum of money, as well as heiress to part Of
the property supposed to belong to Mr. John
Spalding. The claim arose in this way : As long
ago as the year 1794 a Mr. Alexander Spalding, who
held large est rtes in Scotland, unfortunately met his
death in a duel. Dr. Spalding, a physician, who was at
the time in an extensive practice in London, being the
succeeding heir, did not choose to take plssession, but
alio xed a younger brother, Mr. Samuel Spalding, who
had returned from India with a large fortune, to do so
under certain arrangements. Now Mrs. Gordon claimed
as the heiress of Dr. Spalding, the rightful successor to
the property.
Mr. CooKE—That does not show you to be a creditor.
It may he a subject for a suit in Chancery.
Mr. LEWIS again objected to Mr. Petersdorff's pro.
ceedings. If he were suffered to make these statements,
they would be perhaps prejudicial in their effect not only
to the insolvent, but also to the creditors. The body of
creditors having agreed to a certain arrangement, it was
possible that it might be interfered with on a future oc-
casion by some new creditor, who, if he imagined Mr.
Spalding's account of his property incorrect, would per-
haps start up in opposition.
Mr. Commissioner HolaiorD again said he must hear
Mr. Petersdorff out.

Mr. PE FERSDORFF said he did not wish to prejudice the
insolvent either in the mind of the Court or of his cre-
ditors. Under the arrangements made between Dr.
Spalding and Mr. Samuel Spalding, Mrs. Gordon, ac-
cording to the Scottish law, was the heiress to the
property • and, besides claimino: it, she also made a
lemand for any moneys that might have been received
by Mr. Spalding during the time it had been under his
control. All, however, that Mrs. Gordon now asked,
without desiring in the least to interrupt the proceedings
of the Court, was that her claim to this property, and
the funds received, might be registered, to show that she
had taken the proper steps to make known her preten-
sions in her future proceedings in the Scottish courts,
without being an acquiescing party for or against the
terms of arrangement between Mr. Spalding ant his
creditors.

Mr. CuoKE—I have no remark to make, your Honour.
You'll see the case at onc., I'm sure.
Mr. Commissioner HoLnoYD—I don't tee that I can
grant the application. If you claim the estates, you
must proceed elsewhere.
No creditor opposing, a day was named for the final
order.