The Sun.
London, England, 1828-11-05 00:00:00

LAW INTELLIGENCE.-(THIS DAY./

COURT OF CHANCERY. f
„y f
The Court sat in Bankruptcy today. Na"" ° •
the petitions were called on, but could not be rl.'
cfeded with in consequence of the illness of )1
Mr. Sugden.

JoHNsox ro. sTEvErrs. ibe
Mr. Rose stated that this was the petition 0.
messenger, praying for the enrolment of the c 01103,1
slot), the assignment, and adjudication. It app he
that the messenger had brought an action against
assignee for his expenses under the commission, ;e,
it was necessary at the trial of that action that t
proceedings should be produced ; but they coulatl,(A).
be admitted as evidence, unless they were enrolklest'4
Application had been made to the assignee tor tiof
purpose, who referred the parties to a gentleman •
the natne of Ripon, with whom the proceedi4e.
had been lodged. It did not appear upon evidePer,
that any application had been made to Mr. Rir;:f
but the messenger immediately applied_ to the Ceurtc-,
Common Pleas, for an order to compel the a3sigfee
to enrol the proceedings. That Court dismissed the
application, considering it irregular. Afterwards :h
parties applied to the Court upon motion, vitae
was also dismissed, upon the ground that see""AH
application could not be made to the Court into."
a form, but that it must be done upon petit-co
That petition had been presented, and the Lea
Counsel trusted the Court would find no diffic,'
in aceeeding to its prayer. The epithet of " 111L0-t
senger" would be most justly applied, if this P° a
man was to be driven froM Court to Court, ass
place to place, as he had, been in this case. It •
ya
as extraordinary an attempt on the part of
assignee to shelter himself, as he had ever witnoac.

Mr. MONTAGU opposed ,the application.
The LORD CUANCRLLOR ordered the proce-e
dillhe
to be enrolled, observing that, as. he conceived kto
assignee was bound to give over the:proceedingicto
be enrolled at once, he must pay the costa of tor
present petition. Each party must pay the cost°
the other application.

MILER V. FAILII.Zit..
Pd th

Le bolkt

Mr. Ross statek As was a petition of some old
though the question was a very short one. „0
application was for the superseding of a CounnOio.
which was issued against Ferrer at the instance .er;
person of the name of Nudgell. The principalohlil
tion was, that the bankrupt, being a partner %Od,
person of the name of Holt, who was dcsiroos,
dissolving the partnership, had by the 1
machil'e
of this commission endeavoured to effect it, '11.9
that the debt of Nudgell arose out of a transictio"
which Hoh had a joint interest with him. tlje
When we left, Mr. Ross was going through
evidence at some length.
The LORD CHANCELLOR, in the course 0-
morning, intimated that it was his intention to %,f
point several days after the Term for the pure°
hearing bankrupt petitions.

VICE-CHANCELLOR'S COURT.

HOOD WILSON.

Mr. KNlcter applied that the exceptions t° tet
Master's report in this cause, whiCh had beep be
dowu in his 12o:tour's paper for two years, alight p
advanced. The exception involved a questa*,
o,
asury, the debt amounted to 4,000/., and the credit r:
interested in the question was over eighty YOed
of age. Under these circumstances it was I'°:y,
that his Honour would advance the Wert.")►t
otherwise the creditor, in due course of nature,
depart this life before the decision of the Court 14

had upon his cause.
The VICE CHANCELLOR promised to look
the
paler of exceptions, and do all in his power to OLP'
Bite the hearing of the exception in question. .
His HONOUR then proceeded with cause petitiri
hut in consequence of the absence of Mr. Rog r.
several important ones were directed to stand ove

TANNER V. ILADNOIi•

The petitioner—Cs the incumbent of a living 1:.70,.;
by the testator, named in the cause, during his
time; and the petition prayed a reference to Oh
Master to take an accouut of the dilapidations \OIL
had taken place in the rectory whilst it was in
possession of the former incumbent.
Mr. BEAMES, in support of the petition, stated thiir,
his client owed the testator at the time of bid del;
a bond debt to the amount of 6001., and he was
sirous of setting off against that debt the dew.;
which be had against the representatives of his Pr
decessor for the dilapidations in question.
Mr. RussELL opposed the petition, which he fillir
did
mitted was perfectly unnecessary, inasmuch as of
petitioner 111119 already at liberty, under a derree,,,
the Master of the Rolls, to go in before the Mine
and prove his claim. A specialty creditor lof
testator having filed a bill for the adruinistratioa he
his effects, a decree was made referring it ce,t
Master to take an account of all debts due if°

the estate.
t tli°
The VICE-CHANCELLOR—Do you think tbs j
petitioner is a creditor within the meaning of thr:h
words ? Is a claim for dilapidatiOns, a debt vi!,ll„ts,
can be proved under such a reference to the 1"."

ter ? I think not. Ade
Mr. RussELL—lt is an unascettained demand
at the death of the testator, and for which an acti°
can be brought against his representatives.
„pt'oo
The VICE-CHANCELLOR said that the
could not be an action of debt. Under all the che
ctunstances•he thought that he ought to grout per
petition, upon the understanding that the petitio"
was to pay all the expences of the reference.

V. YTNEtt.
This was a petition forTO
leave to file a bill Of fee.'
view, on the ground that additional facts had se'
ceetly been discovered, which, if they were kOOO,,
during the pendency of the former suit would
led the Court to a different conclusion.
Mr. 'Finney, Mr. Knight, and Mr. Wright If,
ported the petition, and Mr. Bickersteth and '
Pemberton appeared to oppose. _rid
The Vicn-CHANcELLoa in giving judgment
that the question for his consideration was, whet a 1
the petition contained sufficient facts on the face be
it to warrant him in allowing a bill of review t°
filed. His Honour then read over the material P 81:,
of the petition, and stated that the testator, Mein r`ler'N
man, after his second paralytic attack, was utte,ce
incapable of making or understanding the 114t;r
of the will which had been produced in the for—tie.
cause, but that previously to his becoming of
sound intellect, he had made another will, the
istence of which was net known to the petitioner:o,
sufficient time to offer it in evidence upon the Vole
ing of the cruise. His Honour observed thtittiot
only evidence of the existence of the alleged wat
will was that Richard Newman, the testator,
sworn to have pointe4 out to the witness fe%t:dr
sheets of paper, which he said comprised his "to
but there was not a particle of evidence
the contents of that supposed will. It `f°-tv
in his Honour's opinion, be most 11614,,
overthrow the former decree upon such vegtii e;
legations as were contained in the present petl'lg
rind he could not but condemn the mode of swellt:-.t
adopted by nearly all the witne*ses in support el
namely, they swore that they were "
believed," without erer attempting to state 'hy
whence their information proceeded, or upon vi
ground their belief rested.
The petition was dismissed with costs.

COURT OF KING'S BENCH.

HAWKINS V. THE ASSIGNEES OF HOWARD AND Gl°;l#
This was an issue directed by the Lord Chao ji
for to be tried in this Court. The question !;„
whether a sum of money paid to Howard and Gilroy
for an annuity on the life of the Marquis of [3ll'.og
ford, was received with a knowledge that at tlle
Howard and Gibbs were not able to make good, of
condition of the bond which they executed, you
which the sum of 4,200/. had been paid.
HIP
il
The Jury returned a verdict for the defeua-

The Duke aiid Duchess of ST. ALOI4;
PaKed through Nottingham, last Thurs4y night,
visit to T. W. EDGE, Esq. of Strully, near NottingloV
Boston Gazette.

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