The Sun.
London, England, 1846-06-05 00:00:00

CHANCERY.-(THIS DAY.)
The Lord Chancellor sat at Westminster to-day, and after
disposing of the unopposed lunatic petitions on the paper,
proceeded to hear the further arguments in the part-heard
case of

WHITWORTH V. GAIIGAIN. bud
This case came before his Lordship on WetinesdaY
upon an appeal from the decree of the Vice-Chancellor Wr:
irate
resting ; and although the facts are not of a nature much e f
resting to the public, the question raised in the case is 011‘,3_,(:),
considerable importance to the legal profession and the Pee"'
at large. That question is, whether an equitable mortgage
of land is entitled in equity to enforce his charge in priority
to a creditor of the mortgagor, who had, without notice 0_
the equitable mortgage, recovered judgment against 01e
mortgagor, obtained possession of the lands by writ of
elegit and attornments of tenants, such proceedings vices
subsequent to the equitable mortgage. The
ag
Chancellor Wigram decided that the equitable mortg
had the right to enforce his charge in priority, and from ale.
decision the present appeal was brought. The plaintiffs ar:
eminent bankers at Northampton; and in 1839, Mr. Georg'
Cooke, a solicitor of that place, was largely indebted to thee;
on his banking accounts. In April of that year he obtained
_
a further advance of upwards of 3,000 L, and gave his PIO
niissory note for payment of that amount with interest. 0
also deposited with the petitioners the title-deeds odf
closes ofland situated on the manor of Kingsthorpe,
the title-deeds of certain houses and lands in the parish ofS
Sepulchre, in Northampton, accompanied with a memorand.u"„:
in which he engaged, if required, to execute any legal mortga.P
or other security of the premises and land that the PI510:
tiffs might hereafter require. In the month of November;
1810, two actions of assumpsit were commenced agaile
Cooke, one by a Mr. Mayer, and the other by one of
present defendants, a person named Pell. No defence vre
made to those actions, judgment was signed in each of th
and subsequently writs of elegit were sued out. Inquield
tions were had of the goods, chattels, and lands of Cooke, le?,
on the 30th of December, 1840, Mayer obtained legal sezl
of the lands in Kingstliorpe, and Pell of the lands and hill°
in the parish of St. Sepulchre and the tenants attorneu
them. In February, 1841, fiats of bankruptcy were issue
against Cooke and Illayer, and the defendant Gaugain Wee aeFtir
pointed assignee of the latter. In March of the same Lta,
the present Bill was filed, charging that the heredite,m„„ts
premises, and securities held by the plaintiff were itiaaetl,t..
to satisfy the amount due to them by virtue of their ect,sta
able lien, and praying an account of what was due to tl",`,„
in respect thereof ; and also that they might be declarea
have an equitable mortgage on the heriditaments and Pre'
miser, and entitled to priority over the elegit and judgments
of Mayer and Pell and that if the proceeds of the sale of
their securities should prove insufficient, that they might be
admitted to prove for the deficiency against the estate Of
Cooke, under the fiat of bankruptcy issued against him. In
the answer of the defendant Pell, he denied that be
had notice of the plaintiff's equitable lien at tbs
time the legal sezin of the premises was delivered to bu''
under the elegit, and he insisted that as a purchaser for TaLtri
able consideration without notice, he was entitled to the JR"'
benefit at law of that writ.
(The arguments had not concluded when our Evenitig
Edition went to press.)

ROLLS' COURT.—(THIS DAY)
BROWN V. BULLPIT. Celia
Mr. TURNER said he appeared on the part of :18Irs.
Brown, the wife of the plaintiff. The object of his cuouense
was to obtain the benefit of a leass for 21 years of a h,lent,
which had been granted to her husband by the defer.t,
who had subsequently served and carried into execution
ejectment. The answer alleged that there had been a nle
lect on the part of the plaintiff to fulfil certain terms"
covenant of the lease. bad
Mr. Muzzy, for the defendant, said that the eject „fa
not been served until the premises in question ed
in a state of utter ruin. The ejectment had not been sere' d,
for several months after the judgment had been obtaiae..,
Besides, the plaintiff had not paid the insurance re°Tr'd
on the houses, and had in other ways vi,fitha
the terms of the covenant between him sql.` bad
defendant. The case of the unfortunate plaintius .00
been taken up by several respectable persons, at rive
periods, between whom and the solicitor of the defendant
gotiatiens passed, which terminated in their relinquishing rsit
cause they had undertaken from a conviction tuer
defendant had not, under the circumstances in the
artZcul
p
of the ejectment, exceeded his duty. frail
Mr. Brown, the plaintiff, made a long stateinent,"een
which it appeared that the money by which the lease 13,11" bad
purchased, was the property of his wife, and that tue,:fead-
been some money transactions between him and the u
ant, by whom he stated he had sustained severe
Lord LANGDALE was of opinion that the case of the Pfsae,
tiff had been made out, and therefore dismissed therealli.
without, however, any prejudice to the filing of anothe u
THE ATTORNEY-GENERAL V. ROOSB.
OrneY-
Mr. Twins (who appeared on the part of the CroWn) said
that this was an information filed by the
General against the defendant Lady Jane
The defendant was the widow of Sir David Charles Tin 0 a
who was the agent resident in Ireland of the Norwich al
Insurance Company, and in that capacity, as the 110 the
representative of the company, had become indebted Elizabeth .I,l' —us*e,
Crown for certain dutis not included in the returns. _dot
Mr. KINDERSLEY, on the part of the defendant, conteu_AO
that the Norwich Union Insurance Company should be all:itt
parties in the defence, with the view that his client nut"
have access to the papers of her husband, which were is
hands of the same company.
that Mr. CtAhLeVrEe RwTe
re n followedoret u
ronns thefurn
is
Sir D. C. Roose, the Crown was not in a position to taw—
the present information. Sat le st
d sel;
the
Lord LANGDALE said he would reserve his decision, SO
case required some consideration. oawndthceonastesnedts..inedok

VICE-CHANCERY.-(THIS DAY.)
The Vice-Chancellor of England took unopposed 011256
petitions, short causes, cause petitions, and motions to-dalr,
but no case of any interest came before the Court duria
the whole morning.

QUEEN'S BENCH,-(THIS DAY.)
(Sittings in Banco.)
WESLY V. KRAMIIELIf.
_ _

In this case the defendant had taken out a patent for si
new mode of stereotyping, and employed the plaintiff t°
negotiate the sale of the invention to certain parties, for
which he was to have a commission of 1001. Faintl
alleged that he had negotiated the sale, which delenslal%
denied, and plaintiff took an action for the recovery of :
commission, and the jury found a verdict for the full amoalte'.
An application was made in the following term for a rilletbe
set aside that verdict, and the rule was granted, and to
present application was made, on the part of defendan2:and
have that rule discharged, upon the ground that the de_,,w
of the plaintiff could not have been for 1001., as the coua.,,
sion, if the negotiation had been effected, would s
amounted to a much larger sum. Counsel then went 1111'y
long statement of the facts, and the terms upon whiettgcle
sale was to have been effected, but which it was alleged
not been done.
The COURT gave judgment in favour of the defendant.

BAIL COURT.—(THIS DAY.) taio
There was no case in this Court to-day of the least pA
interest.

SECONDARIES'.—(THIS DAY.)
•
(Before Mr. Secondary JAMES.)
THE QUEEN V. MALIN.
This was a writ of extent, and the jury were called uPel
to inquire of what property the defendant was possessed to
the bailiwick of the Sheriff's of the city of London. The
defendant is the widow of an officer of the East India Com-
pany, and it was now attempted to be proved that she Wr.
entitled to a pension of 2051. 68.3 d. from a fund called "_,,4'„?
Royal Bengal Military Fund," founded by Lord Clive, and of
which the Board of Calcutta are trustees, and the Hon.
East India Company are the agents in London for the P7901.°
went. It was now shown by Mr. Lowe, clerk to DiAlag
Duff, the agent to the fund, that the defendant W
entitled to the pension. It was customary for till,
amount of the annuities to be transmitted to the 14"
India Company, by whom it was paid to the parties entitnleadimor
having a certificate from Major Duff, but the parties
wa
by power of attorney delegate others to receive it. It
that
next proved that the defendant resided at Calais, andrr)
she had been outlawed, or technically (being a wido
waived, and that she had given a power of attorney to
Richards, Little, and Co., East India agents, of ishopg's
street.
Mr. Little was called and proved that his firm had a Pc'weir
of attorney to receive the amount—it was a fund from which
grants were made in India and the money was sent over.,
~,
England, but if the party resided in India they could receive
it there in person or by agent. They had received the an-
nuity up to January, but the last quarter had had a stop
put upon it.
The SECONDARY said that the first important point waS
to see whether this was a boon, as had been insinuated ;
tnnexpta,;vthheet hmeorntehye
iEnatshtelcnidtyia
0 Company ornnpadnn.
yn were legally "liable
d h e
Indiacould Company
pdaencyidaes whether )
oft
conve-
nience _
ncame to
the hands thesEast
there was no doubt they had it, as they COW"
peielne ' buttlfea
eledr. i tlheirot officers to subscribe to the fund.
The SECONDARY said, that if a person could receivetht:
money in India, they could appoint an agent in Englandt.
a,
take it. It must be shown to the jury, at all events, p_.!
they could give a ver ,ak-tu-
next, to give an opp
the money was actuallydiincttheanhdands
suggestedof t he c
should stand over till Wednesday t°hmaPtanZebecia.,- -et;
he 12th June.
the writ had to run till t
nity for the Secretary to attend without
hiinscwonasvegnriaennteeei as

....„
.-7--c —lE,r. ..t
._....(THIS DAY)
BO VT ''''''"'""as
Charles Simpson w
roplainant had met the prisoner (t"'
charged with defrauding Jam,fies
Leonard of Is. h
in Leather lane, and had accidently
In the course of the COw
fallen into conversation
prisoner offered to sell him two tickets, one of %
with him.
ss. an another of a waistcoat for 3s which he
coat pawned for
On .
to the :, Broad"r Is. going pawnbroker's, inde
bought for .
' h found
Ttheresnatuionnknthowe
street, St. Giles s, ethat these tickets were never Ina,
outstr there, but had been stolen from the counter when blanNt
and had been since filled in.
ntoThi :nd)°
Mr. Bowstead, the clerk, here observed that Leather-10e
was out of the district.
Policeman I' 11, who had taken the prisoner in obarge:,
said that he had first brought him to Clerkenwell, but
inspector there said that as the pawnbroker lived in this dis..
trict the case must come to this court. d with
ste3sllirh. JgAtßhDeLtNiEtitseatisd,
hthuattwaisththdespirrisodn.er wash notmcphiaairgnane
ct._00110:
au defrauding eco
must be taken to the district where the fraud Was
mitted.
The case was accordingly taken to the Clerkenwell police'
court.
(The prisoner denied that he was the same person why de-
frauded the complainant.)
0
LA" R-

return"on Saturday,
E C LA I 3IE Di s s
n( IRELAND).—It
du EbLye N
order D.-01
coons, that there have been reclaimed in the county of Dona.
gal, since 1836, in the parishes where the revision survsY„,yis
tthell
finished, 4,756 acres of land. There are, however, 42,7'3'
acres at present unreclaimed, and 128,491 under cultivation.
In the county of Kerry, since the survey of it in 1842-431
appearsous e
of Co
there have been reclaimed 8,373 acres in the parishes pre-
pared for publication ; and there are altogether 351,876 acres
at present under cultivation, and 362,413 still unreclairned•
CAUTION TO PARENTS.—Yesterday evening an in'
quest was held at Mr. Morgan's, the Gloucester Arm*
Rochester-row, on the body of Hannah Clack, a verY
actable
fi
child, four years and a half old, the daughter of a resp_4!
tradesman in the neighbourhood. The child had been left
on Tuesday afternoon for a moment in the next room to_ 41!
mother, who was suddenly alarmed by its screams. Thech:la
having stated that she had put something in her„.1"11,,111
some rhubarb and magnesia was administered, and we child
to recover, and played about during the evening,
when it suddenly became speechless and convulsed. An
emetic was administered by a medical man in the neighbour-
hood, and the child was subsequently conveyed to a surgeon,
who made an openin,, in the child's throat. The operation
.
was skilful and perfect, but the child, who was exhausted and_
senseless, died. On a post-mortem examisation a piece of
walnut-shell was found wedged in the windpipe,. winnli.,, w.,,,,as ~
the cause of death. Verdict, "Died from cosvalslan ani___,.,.""'".
haustion, caused by a piece 0 Totialiteandl WAS Ivrelm•-
Tredggil iii too ITIOOP•on