The Sun.
London, England, 1828-08-14 00:00:00

LAW INTELLIGENCE.-.-(THIS DAY.'

COURT OF CHANCERY.
Thw'LoßD CHANcEmoR was occupied in heady;
Cour4l in two cases in his private room till a. Guar
ter to twelve o'clock.
aearttsoN v. mews.
His LonDsurr said the facts of the ease were
these :—Sir Edw. Boughton by his will bequeathed
a very considerable real estate to his natural
daughter, Eliza Davis. She, in 1798, entered into
a treaty of marriage with Col. Braithwaite. In the
course'of the treaty, articles for the\settling of her
property upon the marriage were executed in the
mouth of August, 1798. Colonel Braithwaite, too,
settled personal•property to the amount of 36,0001,
in the same month, in the • manner stated in the'
articles : 8,0001. he agreed immediately to pay over
to trustees upon the trusts mentioned, and cove-
nanted that the remainder of the 36,0004 should,
within 18 months after solemnization of the marriage
be paid over to the same trustees, upon the trusts
mentioned.in the settlement. In two.or three days
after the settlements were executed, a ceremony of
marriage took place between 'the parties. The bull
at the time of settlement was under age, and the
whole arrangement was carried into effect with the
sanction of her testamentary guardians. After the
ceremony of marriage, and .the lady had become of
age, a recovery was suffered of her property, and as
indenture was executed of settlement, declaring the
uses of the recovery. Subsequently it vs risme'
tained that the lady's mother had a husband living,
and that husband not having assented to the mar-
riage, it was found to be-. absolutely null and void.
The question of nullity was decided by a trial ,
directed by this Court. Under these cir-
cumstances the parties came to a new at'
rangement. They executed deeds, declaring
the former instruments to he entirely null and
void, and that they were determined not to marry
again upon the terms contained in those instruments,
but upon other settlements to be agreed upon. New
settlements were made both with respect to the
Colonel's personal and the lady's real property, and
they were married again. Mrs. Robinson was nosy
the only living fruit of that marriage, and the mate;
rial question in the cause regarded the persons'
estate. This question depended upon the power
the parties had to revoke the settlements of August,
1798, made prior to the first marriage. The." Court
was clearly of opinion that the parties having bee"
of full age, and tinder no disability, were fully corm
petent, by mutual agreement; to put an end, as they
did, to the former contract, and to enter into new
deeds of settlement. There was no principle of lase
or equity that would operate to prevent them. Tile
case of Bolton v. Sanderland, adverted to in the to'
t 1
did any thing thing that had passed n the C
guments, did not militate against this dee:sion,our nor
0
I
Common Pleas. What the parties had done under
nn smtire misapprehension of their situation,n and in
mistake, could not bind them; on the contrary'
their acts, when in all respects competent to enter
into them, were to he the acts gone upon. By this
view- of the case, his Lordship believed Mrs. Ro-
binson would take the personal estate.
not Mr. S
be decided a
might sked
upont hat thetill terms-teot
roofw: thet h
aotr der
might have an opportunity of looking into the pw
pens, and seeing what the minutes should be.
Ills LORDSHIP did not object to this. •
The Court proceeded' to the remaining lunatic
petitions.

VICE-CHANCELLOR'S COURT.
THE KING'S THEATRE.
TAYLOR WATERS.
A petition was presented in this case upon the
part of Mr. Bevan' an encumbrancer on the theatre:
praying that the Master's report, which declaredi
him to be an encumbrancer might be confirmed, and
that his claim, amounting to about 1,500/., together
with interest, might be paid to him.
Messrs. HORNE, WAKEFIELD, and KNIGHT, Or
peared in support of the petition.
Mr. SUGDEN, with whom was Mr. BRIDGER,
posed it, on tha ;ground that there were severs;
other encumbrancers, and that until the Master ha.s!
made his general report with respect to them, !'
would be unfair to pay off the demand of the petl-
tioner.

Mr. WAKEFIELD—That general report will not
be made for ten years to come.
Mr. SUGDEN-1 hope that it will.
Mr. HORNE—My learned friend can only express
his hope.
The VICE-CRANCELLOR said that he could not
make the order for the payment of the petitioner's
encumbrance until the Master should make his
report. He would, therefore, direct the petition► to
stand over, leaving it to the petitioner to take such
steps as he might be advised for expediting the re-
port.
Mr. HORSE—I would prefer taking so much of
the prayer of the petition as relates to the confirma-
tion of the Master's report, and we must try some
other means of getting our money from' them.
His HONOUR saw ao objection to making the
order to that extent.

The Duke of CLARENCE, the Duke' of
CA:digIDGE, and Prince GEORGE of Cumberland, 04
their, departure yesterday from the Royal Lodge. The two
Dukes proceeded to the residence of the Duke of
CLARENCE, in Bushy-park ; Prince GEORGE, accompaied
by his ptecepter, the Rev. Mr. JEr.r, came to town to
the residence of his Royal father in the King's Palace, St*
James's.
The Right Hon. J. W. CROKER has ad-
dressed the following letter to the Secretary at LLovo's
Admiralty Office, Aug. 11.
SIR—I am
,commandeft by his Royal Highness the
LORD Man ADMIRAL to acquaint you, for the informa-
tion of the Committee for Managing the affairs of Ltorn's,
that his Royal Highness's anxiety to bring to justices the,
perpetrators of the piracy on the Morning Star has in-
duced his Royal Highness 'to seed his Majesty's steam
vessel Echo expressly to Cadiz with the three following
witnesses, Viz, :—Mr. GEORGE BOMBE', the chief male,
and ANDREW itrvERmAN, the steward of the NeraPg,
Star, and Serjeant CHARLES WILKINSON, of the' Bop'.
Staff Corps, one of her passengers, in order that theY' may
give their evidence against the persons, stated to be in prl
son at Cadiz and Gibraltar, uncle!' suspicion of having bell'
concerned in that piracy. And the Secretary of State 11
written to his Majesty's Charge d'Affaires at Madrid, ei30...
to the British Consul at Cadiz, to urge the Spanish auto
rities to have these men brought to a full and impertis
(Signed) "J. W. CROKER'

" To Mr. BENNEIT, Lloyd's."
Around Dumbarton, and on the banks of the.
Leven and Loch Lomond, the crops are looking remarkabli;
well. Several fields are nearly ripe, and will be cut .I'7,
week., Potatoes are selling at Is. the old peck. . Ao
a
siduar in Dumbarton has purchased a quantity of haY s
40s. per 100 stones. It .is said that a large establish
in Stirlingshire laid in 10,000 stones of bay at so 16°1 a
price Ns Caledonian Mercury.