The Sun.
London, England, 1859-06-03 00:00:00

LAW INTELLIGENCE.-(THIS DAY.)

COURT OF CHANCERY.
(Before the Lord Chancellor.)
APPEAL-DAVISON V. YOUNG.
(Tried before the. Court without a jury for decision.)

This is the first trial which has taken place in this Court
under the Act passed in the last session of Parliament,
enabling a judge to try questions of fact in the same manner
as they are tried at common law.

The object of the suit, which first game before Tice-Chan-
cellor Wood, was to foreclose a mortgage for £350 given
to the plaintiff, John Davison, by his brother, Thomas
Davison, on 29th November, 1848.

It appeared that Thos. Davison at the time was a trader
in Leeds, and became bankrupt within a few weeks of the
mortgage, and on the hearing of the case before the Vice-
Chancellor, the assignee impeached the deed on the ground
of fraud, and asked for an issue to try its validity.
His Honour refused to grant an issue, but on an appeal to
this Court the Lord Chancellor:directed one, :and the trial was
heard at the last spring assizes at York, and a verdict was
found for the plaintiff, thereby establishing the validity of
the mortgage deed. A motion was made a short time
back to this Court for a new trial, when his lordship
expressed himself dissatisfied with the trial which had
taken place, ' inasmuch as the main object which he
had in view in granting an issue, viz., the examination of
the bankrupt and hisbrother, was not carried out. Instead,
however, of incurring the expense of another trial at law,
his lordship determined to try the question himself, under
the provisions of the before-mentioned statute. A jury was
dispensed with by mutual consent by plaintiff and defen-
dant, and the case came on for trial before his lordship on
the examination of the •witnesses viva voce in open court.
The bankrupt and his brother-in-law, and his solicitor,
who prepared the mortgage-deed, were subjected to
a rigid examination, cross -examination, had re - exami-
nation, which occupied the court several days, and at
the conclusion of the plaintiff and defendant's evidence
counsel were heard on both sides on the import of the evi-
dence taken, and judgment was delivered by his lordship
at great length this morning.

The Lord Chancellor, after commenting on the evidence
produced, and adverting to the embarrassed circumstances
of the bankrupt at the time when he granted the mortgage
in 1848, came to the conclusion that, in point of fact, he
granted that mortgage-deed to his brother in contemplation
of bankruptcy. _ . _

His Lordship gave judgment for the defendant, setting
aside the mortgage-deed in question, and dismissed the
appeal in toto. _

Costs to be spoken to by counsel on both sides to -morrow.

VICE-CHANCELLOR'S COURT.
(Before the Lords Justices.)
APPEAL.-INGRAM V. STIFFE.
This is an appeal from an order of Vice-Chancelltr Wood
granting an injunction (this morning) restraining the de-
fendant from publishing the London Daily Journal at his
office, 333, Strand.

Their lordships, after hearing counsel on both sides, al..
Lowed the defendant to issue his publication to-morrow
(Saturday) only, and affirmed the order of the Vice-Chan-
cellor granting the injunction, on the plaintiff's undertak-
ing to bring an action at law within a week, and to accept
short notice of trial, in order that the case may be tried
this term.

POLICE INTELLIGENCE.-(THIS DAY.)

MARLBOROUGH-STREET.

ANNOYING THE MEMBERS OF A CLUB.—Louisa Gold,
described as a prostitute, and residing in Stanley-street,
Brompton, was charged as follows :
Herring, 60 C, said that at half-past 12 overnight, he was
passing the Army and Navy Club-house, when he heard
the prisoner abusing several of the members in the vilest
manner. He requested her to go away, but she persisted
in remaining, and, on his attempting to remove her, turned
upon him with the most disgusting language, and he was
above a quarter of an hour in getting her away, a large
crowd of persons having collected. .

86 C said the prisoner's conduct at the station was very
bad, and her language of the grossest description.
In answer to the charge the prisoner said she was passing
the Army and Navy Club on her way from the Lyceum
Theatre, when one of the gentlemen put his arm round her
neck, and called a witness, who confirmed her statement in
some respects.

Mr. Bingham said eveuif the gentleman, as she said, put
his arm round her, she had no business to make use of dis-
gusting language to several members of a club, and it was
her duty to have gone away when desired. The language
made use of by her class was past all bearing, and he should
commit her for 14 days.