The Sun.
London, England, 1816-12-10 00:00:00

L.kW INTELLIGENCE.

VICE•CII_~NCELLt)ii'S

.•
LORD WM. GORDON AND WIN!. THE ,MARQUIS UV
11EADFoRT AND 0111E113k
Sir SAMUEL ItoMtLLY this wits a Nil filed
by Lord Gordon and ,LadyGOrdlon, his
wife, against the delendmits, the Marquis of Head.
tort and. Isabella his wife, and Marquis Cottiwallis
inn Others, parties to a deed executed in 1791,
praying they might be declared entitled to tile
benefit of such deed, and that it Might he referred
to the Master to see what dannige had been stir.;:
mined by the plaintiffsror that an issue•of indent-
nifieatus might.be.isitted.
Time Bond Was entered into td- indemnify the
plaintifis front any loss-they might.sustain by the
destruction of a modus, to which an, estate pnr,..
chased by Lord Gordon was subject.
• Mr. LEACH Said, he opposed the Bill on the
ground of a mistake in the wording of,the Bond,
which 'made each of the parties thereto subject to
the payment of 15001.. contrary to theirlntention,
as they meant only to enter into a joint Bondi for
the payment of one sum of 15001. and ill proof
thereof., offered evidkoce.
Sir SAMUEL ROMILLY objected to such a mode
of endeavouring to overturn a Bond, and con!
tended that parole evidettc could, not be received
lir this case, Which differed from a Bill for the
specific performance of RD agreement. „ 7
•Are. 't'kuwita followed on the Same side, and
argued at considerable length against the whit's,
shin of verhal'evidenee..
Ills Hoi,toott intimated, at four o'clock, that
he would hear further argument on Wcnnesday
next.

COURT OF KINWN DI,NCH, DEC. 9. -
Middlesex Sittings after Michaelmas Term, Wore
Lord Ellenhorough and a Special Jury.

FINK Alt Ts.

MEL VERSUS GRAY. •
This was• an action to recovey.the sttm of One,
Thousand Guineas, the price at alticture of Clande
Lorraine, which, it was alleged, ►he deiefidant bad
contracted with the plaintift to purchase
The ATTOENEY.GENURAL Sluied the case to the
Jury, which -apueareci in SilboAnce to be this :
The plaintiff; woo is a picture dealer. had pnr.
chivied the piehire in question, far 111 t. a the
late Mr., Hope's tole, and he common' a stud the
fact of 111$ loiying such a picture in his p,,ssa ssion
tou friend of his, it Mr. t, desiring his assistance
in the disposal of it. 'I he latter Get,eleniiinaceord-
Ingly wrote to the defendant, who is a wealthy mer-
chant in the City, acquainting him that a Claude
was to be disposed at, and after having seen it he
might takE his own, time to consider nhat,price
he should offer. Ju.the mean time.the wet Ilre teas
sent to Sir TbOirl§ I.4lll'Vrellee's frtr a hew days,
to gratify the curiosity of that I all ni-
ter it had been cleansed and varni died by the
plaintiff, it was removed to the, pietnises of Sir-
Felix Agar• to ennsequenceol.Mr. Butt's letter
the defendant 8, coat' interviews with Mr, Batt
upon the subject, In thielitst of those interviews
the defendant watt extremely desirous af,knotving.
who the rt 4s owner of the, piciura was Mr Butt
evaded "the question, and iold hint that ,as he i
imagined-. the :picture to be
.stalen properiy,
he, -Mr. 'Butt must decline any further coin.:
mnnication. upon the subject. nonrated
the defendant, however, ,that. Sir Felix -Agar's
pictures were to be disposed as .that Gentlt—
mart.was is want of about 4ur 50091. The de.'
fendant heing, satisfied ,the
:originality .or the
picture agreed to purcliaxe,:it;at bonsaml
(ioineos, the moiety of which SOW .was to,he paidi
the foltowing week, and the remainder in a con-:
venient:time: aftertvards; and the picture was" ac-
cordingly sent home. In the :subsequent inter-'
view which the defendant had with Mr. Butt, .the
foram complained to the latter that .doubts hay-
ing been expresyed by souse of his friends-that the
picture was not really
_an original, JAW merely a
cepy,, he was dissatisfied with his bargain, unless
he could he convinced, beyond the passibility af*
doubt, that the picture was genuine. ke result
of the transaction was,. that the del-mint -'de-:
dined abiding by hi.s contract..
Mr. Butt was called to support thii disc ; but
on his cross-examination by
.Mr. Scitucerr, for
the defendant, he admitted that the defetalapt was
under Some delusion' npan, the subject of the.
ownership of picture,; the witness believing
that the defendant thought that it %vasthe *proper.
ty or Sir Felix -Agar ; but' it was ~14efusion of
mind which the witness. did nut think' it biotin-
bent upon him to renlove..
Lora ELLENUOEQUGit here interposed, and ex-
pressed Ids opinion that the plait:ll4f must be nan-
suited, inasmuch as be thought there was it want
of candour, if not of honesty, in tottering the
defendant, ACV be delhaled under the idea that the
picture was the property of a private Gentleman,
when it, in fact, belonged to a public. picture-
:4

dealer,

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