The Sun.
London, England, 1828-06-09 00:00:00

LAW INtELLI6ENCII.-(Till'i DAY.) SHIPPING INTELLIGENCE-JIMISA

I,oiJß't OF CIiANLER .
Auint, D.v 1,„
Ilis Lottnsutp, urn the appii6ation Ivih flume, pio-
mited to give judgment in this ease next Satattla:

ATIWOOD V. WOE:111AM. 1
This was an app,'{ front the order of the late Lord Gil-
ford, whereby the plaintiff was ecelared entitled to the
specific performance of an agreement entered by the
defendant. The filets of the case were shortly these,, es
Xated by the Coupael tip the part of the plaintiff. The
qiPhintitr*rA M. exeefitor of a lady of the name of
Shackell, to whoiu a Pe:Jive. of, the name of Norton
was indebted iu the sum of 2,0001., f, at eons had been
reduced by payments to 1,7961. 16s. Norton -t';eent.tieg
' involved in difficulties, deposited certain title deeds with
Mrs. Shackell as a security for his debt. The dctiendant
had lieen the solicitor of Mr. Shackell the original testator,
and after his death, continued to act tbr his widow ; he had
besides been the solicitor of a lady of the name of Hill, to
whom also Norton was indebted itt the sum of 10001.
As a security for this debt, the title-deeds of a public-
house, kept by Norton, at Uxbridge, were deposited. ills.
Wortham, upon the death of Mrs. Hill, became her legal
personal representative, and had the possession of the title-
deeds of the public-house. Upon the application of Mrs.
Shackell to Norton for the payment of the debt, he was
unable to pay it, and she was advised to resort to him for
another security ; and as a further security an agreement was
entered into by Norton, giving her an equitable lien 111)011
the residue of whatever the public-house might sell for,
after the lien of Mrs. Hill was paid. The public-house
was sold for 2,b00/. and Mr. Wortham, after paying to him-
self the 1,0001., the debt due to Mrs. Hill, instead of re-
taining the title deeds, or handing the residue to Mrs.
Shackell, delivered them up to Norton, and the conse-
quence was, Mrs. Shackell never got the money.—
Norton afterwards became a bankrupt. Upon this
Mrs. Shackell employed Mr. Whitter as her solici-
tor; and, after several negotiations between him
and Mr. Wortham, it was agreed that Mr. Wortham
should purchase this debt from Mrs. Shackell for the sum
of 1,450/., and that Mrs. Shackell should prove the debt
under the commission issued against Norton. The meeting
of the Commissioners breaking up earlier than was
expected, Mrs. Shackell was not able then to prove'
her debts, and in consequence of this Mr. Worthen)
flew from the agreement he had entered into, anti for the
specific performanceof which this bill was filed.
Mr. HORNE and Mr. HART RAWLINS were Counsel for
the plaintiff, and Mr. SUDDEN and Mr. ROUTELL, juts.
for the defendant.
Mr. HART Ka wr.t.zcs was addressing the Court when
we left, and the case appeared likely to occupy the Court
the whole day.

VICE-CONCELLOR'S COURT.
APPLICATION FOR AN INJUNCTION.
LAING V. MARTIN,

This was an application for a special injunction to
restrain the defendant from proceeding to sell a certain
estate.
Mr. A:MERTON, in support of the application, stated
that the plaintiff, who had been possessed of very consider-
able property, was now confined in prison for debt.—
In. the year 189.5,• he executed a mortgage of part
of his property to the defendant Martin, for 2,000/.
although he in fact received again 1,5001. -of -. that
slum The mortgage- contained a power of sale, -and in
14327, the ulaintil' was served with a tiotiee of t'ne
intention of Mr. Martin to sell the pier —0". That notice
was, however; ow.- acted or. ; but. ARIZ ilimritS now tubier-
tised be order of the mortgagee', av it was statal in the
printed particulars. It happened that there was alrior
mortgage on part of the property, covered by the Mortgage
of the defendant Martin; but that first mortgage did not
contain a power of sale, so that there could be no pretence
for saying that the sale was to take place by the con-
joint order of the two mortgagees. The J.eanied Gen-
tleman further stated that the mortgage to Me; Martin was
procured by collusion between the defendant and the con-
fidential selicitor of the plaintiff, and that a bill had been
filed to set aside the whole transaction. _ _

The VicE-CitaNcet,Loa, without calling on the Counsel
for the defendants, diy►nirsrd the application with costs.
There was not, he said, the slightest foundation for the

Mr. Awrouvroti hoped, ;gat m a bill had been lied to
trrthe validity of the mortgage, his Honour- would allow
the costa vt thiKapplivation to be costs in :he cause.
Thfr vicE.CiIANCZLioa, could glint no ionleitalolgenet.

- - .
COURT Of IING'S BENCH.:‘
Tux xitti*A. c;o0K!
.
(3,`' the . SOFA(' i'loit7.t.?Vbr RA to *haw seionereiu4tl
l`tasl'ion—n—ainedm"C4orth'il:l,6.ll444llEatultcudnrwt, ljeresigdrngttadt Nag4lortZataiaPPteenr-,
fur -t libel, published in the forth or a letter, n: turn Times
Journal, reflecting on the judietal conduct and character
Of the Magi,:t r..tee of North.,napron.
It appeared that Cook was the solioitor of two perilous
named Fla Wes and Wykes, and that those persons had been
tried before thellagiitrates for an assault and rescue, and were
convicted and sentenced 1,1 pay a fine of 2:IL each, and to
be imprisoned for one mouth. The defendant, in comment-
ing on this, circumstance in the, letter, •.ttnparred tbe.con-,
duct of the Magistrates in the ease 'of 4 Hawes and NV ykes,"
with their deLision in the case of a per Son Usui....l Perkins,
who was subsequently tried for an assault, and seoteuced
to pay a tine of one shilling, and to be discharged,
The defendant ayg ibeil the conduct ofthe Magistrates to the
influence of political partiality, Hawes and Wykes having
taken an active part at the last election,in opposition to the
Magistrates, whilst Perkins, the defendant in the ether
case, was a partisan on the satus side.
JA3trs Bc.st,,L7rr, in chowing cause Against the rule,
cowl/of:eta severely on the conduct of the Magistrates of
Northampton, iu res.:rig on tint case, and refusing to give
gi,,l ycykes an 01 portunity of obtaining a certiorari
to have the cause tried essewlar.,, on the gre.nrud .that the
political prejudice;,preventtie parties
the
tiesfroAmia,his4tvriantc having
of fairNutribria
jala.itlitthonwould e
Quarter Sessions.

MjvirTl:a a,rg w:mreenhtesar hdavining rep
colyn-.
Mr.
r. 13"uGuAmlillowed at the same side, and
The SoLierrou-GENERAL, Mr. READER, and Mr.
eluded, the Court took time
to consider its judgment, until another case which has re-
ference to the same parties should be argued.
The Court soon after rose, and Lord Taiiraanw4 sat at
Nisi Prius, and disposed of several common jury cases.

COURT OF COMMON PLEAS.
BREACH OF PROMISE OF MARRIAGE.

nunsoN V. DOVE.
This case was tried on Saturday week, before the Lord
Chief Justice, and a verdict was given for the plaintiff,
with 1,0001. damages. The circumstances must still be
fresh in the recollection of our readers.
Mr. Sergeant STORKS now moved to set aside the ver-
dict on the ground of excessive damages, and said he was
prepared to prove that Warne's Hotel had been a losing
concern, and thereflire there was no damage sustained by
not justify quit it. If thett-this would
damages, nothing else could, for it was not
of first love, Where the feelings could be supposed
to be deeply implicated.
The LORD CHIEF JUSTICE said, that he saw no reason
ath,e,apselaintiffthiendhaemin4
for disturbing the verdict in the present case. He bad
left it to the Jury, that though feeling was not to be
put entirely out of consideration, yet they would not
consider it as a case of early and blighted affection.—
He did not think the damages unreasonable. The only
objection the defendant had to fulfil his promise was because
the fortune of the fitlititiff did not come up to his ex-
pectations. Lie suppose4iher worth 3001. after the pay-
ment of her debts; and subsequently believing her not le
be worth so much, he declined his engagement. Now,
however, that she was berAtne a lady of fortuue, he thought
the defendant might have made another motion besides
that which he had brought before the Court.—(A laugh.)
The other Judges concurring in the same opinion, the
Court refused to disturb the verdict.

COURT OF ARCHES.
Some eases were disposed of in this Court to-day, but
they were utterly devoid of any public interest.

'The Christiana, Captain HALL, from ti'c
Mturitius, with 6035 bags of Sugar, broke bull; on the
sth, and the ship cleared by 12 o'clock on the 7th inst.
The Clarendon from Jamaica, broke bulk oii
Friday, the 30th of May, delivered 607 filids. of Sugar,
82 Tierces, 198 Puncheons of Rum, and 10 Tons of Log-
wood ; the ship cleated on Tuesday, the 2d June, although
a detention all day on Monday was caused by the wratit of,
ballast.
Mademoiselle SONTAG has been labouring
under an indisposition to perform—her illness ari,es from
some impediment relative to her engagement—hA it is
thought that if she should try a legal remedy, she ....ill cer-
tainly recover.7—Jolin Bull. •
,
IATELTENIIAM, JUNE 6.—OUr races. which
take place on Tuesday the 17th, and continue th,'-.hvb- fol-
lowing days, are expected to be unusually well a' -,mded.

FROM LLOYD'S.
ur; i.. Wind. W. N. W.—Arrived the 01,.
Parby, front Domingo; Inglis, Serle, from Chi_4,.
Upton Castle, Vi'ildridge, Irani Bombay; Marquis of r
liugtuu, Chapman, from Bengal ; Eliza, Sutton, from',
Bailed the 27th January 7 Arrived from London, C. Fj.
per, for Quebec.—Stli, N.W. by W. Arrived the Garr,
Oi (Fie, from Jamaica ; Clyde, Munro, from India ; So.
Ward, fan!: St. incent's ; Hector, Sadlers, from Janl,f
His Majetty'e aloap Harris, fur Lisbon; and the Lore
Bentinck, fur Chilli, have passed.
Poirrsmo JUNE 7.—Wind W.N.W. to N.N.4‘141:
Arri7ed his Majesty's ship Tribune, Eastward. rfty
the Resumer, Fenn, for 'Calcutta ; Georgina, West, le ,
Indies; and Robt. Edwards, Sherburn, for New YorV
Arrived the Neptune, Cumberland, from Bengal; r
newel, Cromartie, from Barbadoes ; and General FoYo/
from St Domingo. tpe
PLYMOUTH, Jur4P. 7.—Wind
Hope, Gilbert, of Memel.' Sailed the William Woodo4l‘
for Quebec.
,
FALMOUTH, Jur 6.---Wind W. to NAT.-7, 1
—Sailed the Mutine packet, for the Metliterrase.'
Stanmer packet, for Lisbon; Frolic packet, for Ja
Marchioness of Salisbury. Tacket, for Halifax; and J
Cathie, for Sierra Leone.
BRISTOL, JUNE S.—Arrived the Kingston, Jones, ft!,
Jamaica ; Milo, Stark, from Nevis ; Kent, Beverley, tr
St. Jan's. • D.l
The Janet, of Aberdeen, foundered on the 19th 1,1-
1 the Banks of Newfoundland.