The Sun.
London, England, 1827-03-10 00:00:00

THE PONTEFRACT ELECTION.

The unsuccessful candidate for this Borough is Mr. Hardy, and
the objection against the return is alleged bribery on the part of
Mr. Houldsworth, one of the Members returned. Mr. Hardy
being a barrister, appeared as Counsel in support of the petition,
and several witnesses were examined to establish the charge.

LAW INTELLIGENCE.--(THIS DAY.)

COURT OF CHANCERY.
LOPEZ V. Dr TASTET.

Mr. HART begged to bring to the recollection of the Court, a
motion in this' case, which had occupied a great deal of time, and
had since stood over for no inconsiderable period, and which,
the longer it stood over, the more time it was likely to
take up when it next came on. The motion resolved
itself into a question, whether an alleged balance due from
the plaintiff's attorney (a large sum struck off upon taxa-
tion) to the defendant, should be placed to the credit of
the defendant Mr. de Tastet ? It was a matter of great importance
to the professional man, that the case should be disposed of in
judgment, because of the observations that had been made upon
his bills in argument he had found himself seriously injured,
though there was nothing in those bills dishonourable or improper
in any way, as he was sure the Court in judgment would state.
Mr. PEPY3 appeared on the other side, and opposed further
argument at present.
His LORDSHIP would dispose of it on Tuesday, as well as
Browne v. De Tastet. _ .

y.
This was .the Seal Day, and, at the beginning of it,
Mr. HART moved, in Grant versus Grant, for an
order to dischar,e the writ of ne exeat regno, that had
issued against Mr. Charles Grant, to quash the writ, and to com-
pel the plaintiff, Sir Alexander Grant, to withdraw the detainer
he had lodged in the hands of the Marshall of the King's Bench
Prison against the defendant, and which occupied all the morning.

VICE-CHANCELLOR'S COURT.
INJUNCTION.

VAMIMTIGIS V. fITZPIIIMIIOIi.

This was an application on the part of the plaintiff, to restrain
the defendant from negociating a certain bill of exchange and pro-
missory notes, passed to him, by the plaintiff, under the following
circumstances :

The plaintiff, it appeared, having been some time since in a very
embarrassed state, proposed to compound with his creditors, and
eventually, they all, with the exception of the defendant, agreed
to sign a deed of release and composition, upon receiving
two shiilipga and sixpence in the pound on their respective
demands, the defendant refused to accede to this arrangement, and
insisted on getting 2001. as the composition for his particular
debt, which would, in fact, amount to much more than the pro-
portion about to be given to the other creditors. The plaintiff,
anxious to obtain the deed of release, and knowing that the least
hesitation or unwillingness on the part of the defendant
to sign it, would have the effect of deterring the others
from doing so, at length consented to come into the terms insisted
on by the defendant, he accordingly passed to him the securities,
the negotiation of which he now sought to restrain ; and, in order
to give a colour to the transaction, and to make it appear that the
bill of exchange and promissory-notes were given subsequently to
the execution of the deed of release, it was agreed that they should
be post-dated.
The plaintiff in his affidavit now stated that the securities were
procured by the defendant under such circumstances. Upon which
The VICE-CtiaNCELLoa granted the injunction.
JEFFREY V. THE 11.EPRESENTATIVES OF MRS. CLOSONG, DECEASED.
An injunction had been obtained on the part of the plaintiff, to
restrain the Bank of England from transferring to the defendants
certain stock, which was standing in their bank books to the credit
of Mrs. Closong and her late husband.
Mr. SUGDXN now appeared to show cause against the injunc-
tion. Mr. Closong, the Learned Gentleman said, had been
in the habit, from time to time, of purchasing stock, which
he'caused to be placed to the credit of himself and his wife,
without any declaration of trust. Closong, in his will devised
"all his property in the funds," to his wife; but in a codicil he
made a demise which appeared inconsistent with the provisions of
the will, and would teem, as the plaintiff supposed, to give him
a right to the monies on the death of Mrs. Closong. In order to
support this claim and to prevail on the Court to grant the in-
junticm, he produced evidence of various declarations on the part
of the testator that on his death, "John (the plaintiff) would pos-
sess all he was worth." Independently of the difficulty which the
plaintiff had to contend with, from the express declaration in the
will there was another obstacle, indeed an insurmountable one,
in the opinion of the Learned Gentlemen, namely, that he was an
attesting witness both to the will and codicil—this was agains the
t he
established law. It was expressly declared, that if a devise
made in a will to a person who is au attesting witness, such demise
is null and void. This had been long the rule as far as real pro-
perty was concerned ; and Sir Wm. Grant, in a case which came
before him, decided that it applied equally to personal property.
The Learned Gentleman submitted, that it would be a serious in-
jury to his clients if the funds in question were to be locked up;
they had already been put to considerable expence in taking out
administration, and adopting other proceedings which were ne-
cessary, in order to get possession of the property of Mrs. Closong,
to which they were most unquestionably entitled.
• Mr. BARBER, who appeared in support of the injunction, had
no objection that the money should be paid into Court, to abide
the event of the suit, which would determine the claims of all
parties.
The VICE-CHANCELLOR—It is but just that the defendants
be paid whatever money they expended in obtaining the admini-
stration. Let the injunction, therefore, be dissolved, as far as
regards that amount of the stock, let the defendants receive so
much of it, and let the remainder be paid into Court. I cannot
now, on such a motion as this, decide on the merits of the case.