The Sun.
London, England, 1826-10-14 00:00:00

LAW INTELLIGENCE.

COURT OF KING'S BENCH—GUILDHALL—.(Tins DAY.

CAUTION TO AUCTIONEERS.
HOUSTON V. DRAYTON AND OTHERS.

Mr. Cullum opened the pleadings.
Mr.. GURNEY stated the case. It was one of those actions
which he thought had done more good to society at large, than
any class of cases that had ever been brought before the public.
The plaintiff was a very aged man, as was his wife ; the de-
fendants were auctioneers, and the action was brought against
them to recover back a deposit en account of a purchase, where
the most scandalous fraud had been practised. On one occasion,
the plaintiff being in the city, he observed that there were some
houses to be sold by Drayton and Ventom, auctioneers ; he, with
his wife, went into the Auction Mart at the time of the sale.
The first lot consisted of six houses, and were described in the ca-
talogue to be " six newly-erected brick-built houses, in Clay-
street, near the Rosemary Branch, Peckham, of the annual va-
lue of eighteen pounds, consisting of a given number of rooms,
with gardens attached, held on a lease at 9ixty-six years,
from Michaelmas last; preserved rent, when the street should be
completed, 1061. ground rent 541., land tax redeemed. The
whole recently erected under the superintendence of the proprie-
tors, and well calculated to offer one of the most favourable op-
portunities for investment." The plaintiff, on entering the room,
hearing 184/. bid for the premises, thought it an exceedingly low
price, and bid 185/. at which they were immediately knocked
down. Thirty-five pounds was paid immediately, as a deposit.
Upon going to the houses they were found to be of the very
worst description.
Davi4 Davis.--! am a clerk to the defendant ; I have not the
particulars with me under which the premises in question were
sold.—(The particulars were put into the witness's hand).—
These are the particulars ; my employers received 85/, for the
first lot.

Cross-examined by Mr. DINMAN—My employers were in-
structed to sell the houses in Clay-street, agreeably to the terms
of the particulars.
John Clay—l am a surveyor, and brother-in-law to Mr.
Tobee. He and myself engaged to build the houses in question.
The ground-rent was originally 1/. 17s. 6d. per house ;by receiv-
ing some materials from the landlord, the ground-rent was ad-
vanced to 4/. ; by a subsequent U 61111432 of money, to enable us to
go on with the buildings, the ground-rent was advanced to 91.,
and this 91. was, in truth, the rent for the houses and ground al-
together. These six houses, that Tobee built (for he built six, and
I built six opposite to him), were far from being well built or
timbered.: '
By Mr. DINMAN...-.I tun not on very good terms with Tobee,
who built his houses himself. I indicted him for perjury, but
had not money to go ou with the prosecution. I forgive him all
the injuries I have received.

Cornelius Potton.—l have been a carpenter and builder all my
life. I live at Greenwich, and have a number of men working
for me. I have examined the houses in question, and on the
whole, they appear to be the worst I ever saw.
Skinner.—l am a bricklayer at Greenwich. The external
walls are nine inches, and the party walls are four inches. I went
over the premises with the last witness, and agree with what he
said.

Jenkins—l am a surveyor, and surveyed the houses in
Clay-street ; the walls are but one brick thick ; the timber is of
the worst kind, and nothing like enough of it in the houses.
Mr. DEMEAN had several respectable witnesses to call, who
would prove that the house. were well built according to the size
Hof the house., which were called fourth-rates. The first witness
that had been called for the plaintiff was a person of a bad cha-
racter, and ought not to be believed ; haul it not been for the ill
blood that existed between him and his brother-in-law, in all pro-
bability this action would never have been thought of. The
whole was a matter of opinion, and as the sum at which they
were sold was a very small amount, the Learned Counsel hoped
the Jury would think that no fraud had been practised by his
clients.

David Davis.—l am the ground-landlord of the houses.—l
surveyed them, and saw the buildings as they proceeded. I eon-
eider thorn well-built.

Thompson.—l have built many houses of a similar
description. I consider them good houses.
Cross-examined.--.I have not been particularly in business fur
the last two years. I don't know that lam obligated to answer
the question, what I have been doing for the last two years. I
have done nothing discreditable. I have been in the county gaol.
I was not there for felony ; I was there for bigamy. I have
built several houses in Southampton-street, worse than the houses
in question.

George Davis.....! am a surveyor and auctioneer. I have ►een
these houses, and they are as good as I have seen of the same sire
and description.

This was the defendant's case.
The Jury said Mr. Gurney had no reason to address them.
Verdist fur the plaintiff—Ss/. and costs.

BAIIRiTT V. DANE.

This was an action for the recovery of 10/., the balance al-
leged to be due to the plaintiff, iu his character of a carpenter, for
work and materials supplied to the defendant. Verdict for the
171.—forty shillings costs.

WIIISTON v. aorrocK.
Mr. GURNEY stated the case. The plaintiff resided near
Southampton-square, and the defendant was an attorney of this
Court. In 1824 the plaintiff became the purchaser of a strip of
land in the neighbourhood of London for 8001., which was the
property of a gentleman, who at that time was a client of the de-
fendant's. The property was bought at a public auction.—
When the time came to have the title deeds delivered, a
great number of mortgages, judgments, and annuities, appeared
to, encumber the property, which had been concealed at
the sale. In the course of a year and a half afterwards, those in-
cumbrances were all got rid ef ; but it was discovered, at this late
season, that a lease for a year was wanting. The defendant
searched for it, but 'could not find it ; he, however, undertook to
deliver up the lease to Mr. Whiston within a fortnight from that
time. On this undertaking having been entered into, the plaintiff
completed his purchase, and paid the money. The defendant had
failed to comply with the terms of his undertaking, and hence the
present action of detainer.

- The LORD Cntar JUSTICE suggested an arrangement. '
Mr. Mammal. said his client had offered to get a new lease
made if the pl►►intiff would only supply him with the particulars
of the parcels, &c. which had been refused.

The plaintiff's attornies proved that they had seen the deed in
question in the defendant's office, and his undertaking to furnish
the deed within a given time.

The jury found; verdict for the plaintiff, for the sum laid in
the declaration, subject to a reference.

THE GLOVE TRADE.—There is at this moment
an increased demand for gloves, and more hands are
employed. We are also happy to find that the de-
mand for French gloves has been more limited than
was anticipated.— Worcester Journal.
CATHOLIC EMANCIPATION.,-.-At the late Con-
naught meeting, the Duke de Montebello, son of the late
Marshal Lannes, in returning thanks for his health being
e
drank, addressed the meeting as follows, in very good
English :—" If God had placed my birth in Ireland, I
trust I would have deserved the honour you have confer-
red on me, not by my talents, but by exercising them in
your Cause : being a foreigner, how can I express my
thanks for that distinguished honour to which I and my
friendsr have no claim, except our ardent wishes for your
liberation ? We have much pleasure in knowing that in
othera. countries arc to be found men with whom justice
tr toleration are something more than mere words—
forgotterene
re:l6fte mendee are numerous in France; no other people could
French per sympathy in the sufferings of Ireland than we
revolution, which who have not enjoyed liberty enough to have
WS have.st. the time when we were struggling for it ; but
abused by
and reli • tuggled, and we have carried it at last. Civil
iliberty have been achieved by that glorious
the Protestant
Zilch has been so little known, and so much
those rights "see who have only looked at its excesses; and
we would
t,a4(? deeply impressed on our hearts, that if
tholic religion imithwere injured, and although the Ca-
l:ranee,
(Cheers.)—With these that. religion of the greater portion of
Ca-
tholic as you do n''' With ag much indignation at a Co-
at a Protestant ascendancy.—
the deep sympathy felteinfeelings I leave you to judge of
Let me now wish you theebtir country
for your suffering!.
alsol in that of my friends, and
also as an admirer of the
disgraced by the political death losfil
13'nn.tYomeOdous cheers),—and
who are deprived of those rightsconstitution, which is
to several'
.millions of men,
sub-
jects, they are entitled.. Let mehwhieli as British
that Emancipation which you were hole
m possession of, and
to see you enjoy
which; as 'no, you mon lung
be deprived of."