The Sun.
London, England, 1827-11-29 00:00:00

LAW INTELLIGENCE.-(THIS DAY.)

COURT 'l4 Sittin KING'S BEisicEL—W KsTurssrxa•
g's after Term commenced this day be-
fore Lord Tenterden. Only CointnoniJury ases Were tried in the course of the day.

EARL DUDLEY V. I. ROBINS.
the
11: iCtlieepcipll't,trti,r.ll elotzi InNaornstyhoffr this
form.ca se
were already before
The A
GENERAL stated the case. The
.F) o'llrnei; .I,was the Noble Secretary of State for the
-"ft -"epartment, and the defendant an eminent
auctioneer and estate agent, resident in Regent-
street. 11
r; "le transaction out of which the present
acon hrose was as follows :—The defendant was
e„in,hP;l,°Yed to dispose of the estate of Sidbury, of
iSt3a
,a Mr. Cress Well was the owner, and Lord
10 I,el, entered into negotiations to become a
riltrcauaser of the estate.
,The , negotiation termi-
cae- by the execution of a contract between
'''''d btallev and Mr. Robins, by which the forme!
meZtpra:rted
,to pay six thousand pounds as deposit
--J ,or. the estate, to be deducted from the pup-
chase-money, which was 48,0001., and Mr. Robins
eontracted that a good and sufficient title Should be
nlade out against the .21st Dec. 1826; and that if a
Food and sufficient title was not made out within ,
the specified time, Lord Dudley should be at liberty
t.o withdraw fro
back the 6000!. m the contract, and should receive
it mid as a deposit. Upon investigation
was found tlit there were a number of unsatisfied
lodgments against
the estate, and no satisfactory
arrangement having been made respecting them
his la,,w.a.gents, ~ •
within the specific ti; pie,
Lord Dudley, under the
advice of
meMoke off the purchase, and sent notice
aleiclO:diti°g
Upon ' 1 IT d
- -- uethandin the return of his deposit, how-;
-Is ,etermination to the defendant,
ever,trii cto theg specific terms of the con-
the ' he
vend was told that it had been. paid over to
this '''s, and that he could not get it back. Since
PeriOd every possible difficulty was' thrown in
the w
::f, tay of his recovering his money, and having be-
been non-suited on a point of form, he now came
`Jare a Jury for Oa second time, to recover the mo-
neY thus dishonestly and disgraeefully.withheld from
him. ,

James Read, the son.
Prilveid that 6,000!. had in-law of the defendant,
been paid, as deposit money,
into ills hands, by the 4gents of Lord Dudley.
AlborouEli, the
that plaintiff's solicitor, stated
he had examined the title-deeds of the estate
question, and found that there were•several unsatis-
tfil:cl, judgments against it. se Judgments to it.
fenda t'WitnessC andsetFitomatelri,stdoef
n s solicitors, who stated that the Mum-
=
brances would be disc6rged. They afterwards
75r %toe to v h
sad 011;1:i requesting a further advance of
i could purchase , money ; which witness
until the c not advise his client to make,
4" PO "Veyanee was executed. 'VI., essr. Carr
rster then wrote to witness, accusing him of
tliii:eing unnecessary impediments in the way of
lenn ?Pletion of the purchase, which witness so-
and ':r d"ied• The condition of making out a good
e
21. t't tient title not being complied with, on th
brokes freee,rober, Lord Dudley, by witness's advice,
to the °,l" „tile agreement, and sent notice to that effect
Cn-e'endant.on the Bth March; 1826.
Lordr-rs,s'examined Witness does not know that
udley took possession of the estate. Außu-st. agreement which was dated:. the 24th of
tureen
'"1825, and several letters•which passed he•
read e solicitors of both parties, were put in and
mras evidence.
tiefesi e
ahImII3ELL then addressed the Jury for the.
thet' He said his clients were the trustees
‘verer,,,,,estate of Sidbury, and though they
by his-41inisters of State, nor were pot represented
°l' as -,,kiestv's Attorney-General, they were men
wouici""h hjnour as any 'Minister of State. He
Genera; °t follow the example of the Attorney-f
br'll saying that Lord. Dudley was, tired o
tha f4(lain, and wished to withdraw from it; though
41, Wild' was, W4B, that if Lord Dudley was what is called
"etit,llPurchaser, the incumbrances would have
411ssi Of, and he. would now be in poSsession of
As fee with as good a title .as au yin the kingdom..d
1.1, had not thought fit, hoWever, to a
"e had"a money required, it was adMitted that
41.1,0 t) y 4 right to a verdict for his.. deposit
4-aideij. It W„ very likely, hoWever, that Lord
estate-74, Would vet become the :purchaser of the
Peeq," a bill vas riled in Chancery to compel the
IvPrhtil hjelio!mance of his contract, and it was highly
I,that upon the Noble Lord's next elevation,
4),°11, (Mr. Campbell) hOped mould be very
13.1a'q would be raised in the Peerage by the title
uis .
1, Lord of Sidbury.
"auds ENTERDEN said it was admitted on all
I,?r h 'at there must be a verdict for the plaintiff
aadt I,ti.i.rnountof hdeposit-money:. The defendant
hle4ll'l°.,^alcit his ptaret of the contract, for it was too
'lent ot,-, be contended that •an unsatisfied judg-
ak' RiZiau estate must be considered as a deficiency
„efen-ii;" and sufficient title. It appeared that the
°tlt fends and
notice of Lord Dudley's inten-
dS26,°,4:iitilluisli the purchase on the Bth March,
leifeNl4a4"t be (Lord Tenterden) considered that the
tiat was so clearly identified with the vendots,
L'trilates.; fable to the interest of The Money from
the' notice.
verdict- Po', under his Lordship's directions, found
j°til the
-"1 8,1%440/. being the deposit, with interest
March, 1826.

(14 4't COURT, ..-. and a Special Jury.)
f OF EXCHEQUER: .
Camp DAROI4)
This w 4 Tint KING v.
tiler man,
General,
p„„ejtaction at thesi"st'uTtcorLf tlie Attorney-
named Bro%liSt the defendant and
default) for -,-,
c"''llla had suffered. judgement.d sue ering
to be harbourePwin
goods, namely, perm. ittinag
quantity of run
an. toio by
,zons the
t,obacco,
and 31b.1
:in black pepper." . I
l''.c
defendant is the owner
the
pr-elnlea'sfe
ofd. houses,
I Slater's-terrace, .
p lconsisting
c'ne of which he resiciver' °°
' d another of which he
oikd
es in, an
let to a Mr, S
Brown was a"
Il'lder s. es
to whom
and des.
trained-tenant - Airs. Sew' ell left the house,
,ei
all the
goods of Brown, who still, however
~,
rhetained possession of I,cellar.-Itifortnation havin,
eea ' - to the t "Q
th "en e lse that some ru
ere concealed, sorn,2
lan
°F the officers went to thel
dlord, under pretence (4 bi .n. the: house, an
found
1 the cellar door locked.
IlOgn asking for the
"Y, Airs. Slater produced and tried several, not .dis.
Claiming the possession Of the vellar, which was after-
wards opened by the Excise, and found to contain .the
above quantity of tobacco. The pepper was also
found in the
riouse.
The question left by the
Learned 1
Judo.e
was whether there was sufficient
evidence for them to'infthat Slater had a know'
lege of the transaction. inferJur
retired, and after
an hour's deliberation, returned a Jury retired,
for the de-
fendant.
. .
The penalty pressed for by the Crown was .1001.
• --.___

.„
S
.atp OUR
T OF COMMON PLEAS,
o at Nisi Prius, after Michaelmas Term, before
...lord Chief Justice I3Esr and a 'Common Jury.)
.1
e 1.11.8 being the first appearance of his Lordship (in
'n bench after his severe illness, he was carried into
~ Court by two of his attendants. His
Ire
to the severity of his late indisposition, for
appearance
11Lle was incapable of either walking or holding .
. Pen. A young gentleman, I's %on, assisted him in taking notes of . the
',dence. On his entrance, the gentlemen of the
we ' believe
bar rose, bowed, and congratulated him on his r?..
His RPPearance.
Jury had
'Lordship afterwards observed, that as the
been summoned to attend at half-past nine
to-morrow morning in the city, be would endeavour tarti,i"d ; but on the following days he feared he
", 'lot he 'We to come down before ten, at least,
until he ,e
. .
--.a.regained his strength.
Mr. Sergeant 1
.ONES stated, that this was an, aC-
tion for work an DENNY V. DAN:IS. .
The defendant Was
a respectable furri
d labour done.
Newgate-street, and
er, residing in
the plaintiff a dresser of skins. The action was
f
10s. o
brought to recover 35/.. some shillings, 81.
which was for dressing a'ri
The skins were admitted to have been dressed by
uantity of swan skins.

the plaintiff;'but the defendant contended that they
were spoiled in the prOCess. An attempt was made
to, prove, by the defendant's foreman, that a tender
had been made by him of 241. 11s., the amount of
the plaintiff's account, excluding the swan skins,
but the witness was not dear whether he should
have paid thattnoney without a receipt for the whole.
Several witnesses Were called to prove that the
sltins were perfect when sent to the plaintiff, and
were spoiled. when returned.
Mr. Sergeant TARDY in his reply contended, that
'the tender was only made for the purpose of getting
a receipt for the whole 351., by paying 241. I Is.,
Which could at any time have been proved to be
due to the plaintiff, by calling Arrowsmith, the de-
fendant's foreman. This last witness had at first
sworn that he laid the bill on the table, at Denny's
house, and told him '(Denny) that he had brought
24/. Is. with him- to pay what Mr. Davis con-
sidered he owed him, which he would pay if
,he
-(Denny) would give him a receipt. . When, how-
ever, questioned by his Lordship, he replied that,
he thought he would have paid the 24/. I Is. without
receiving a receipt for :tin. whole. He had not,
however, qualified his answer in that way, till he
had seen the object of the question, and it was evi-
dent therefore, that the tender was conditional.
The LORD CHIEF' Jus'rici left that question for
the Jury, who almost immediately returned a ver-
dict for the defendant. The 24/. l Is. having been
, admitted due, and paid into Court before the trial.

PUBLIC SALES.-(THIS DAY.)

BY MR. ROBINS, AT GARRAWAY'S.

A Freehold Estate, comprising Tyndale Farm,
with farm-house, &c., in the county of Radnor, con-
sisting of 152 acres, 1 rood, 26 perches of land,
produced--2,7601,
A Freehold Estate, called GOlsty, in the county
of *Radnor, with farm-house, &c:, containing 174
acres, 3 roods, 26 perches of Land-1,6001.
A Fieehold Estate, called Carogy-Vawr, Bryn.
gwyn, and Carogy Vach, with farm-house, &c., in
the county of Radnor, containing 141 acres, 0 roods,-
33 perches of land-1,5601.
A Freehold Estate, comprising the Bwlch Farm,
in the county of Radnor, containing 293 acres, 1
rood, 12 perches of land-2 601.
- 'A Freehold Estate, comprising the entire parish'
of Wang,ford, in: the county of Suffolk, containing
upwards of 2,300 acres of land-21,8001. •
A Genteel Residence, No. 27, Grosvenor-place,
held on . lease for an• unexpired term of 39} years
from Michaelmas last, at a ground-rent of 71. per
annum-1,9801. .
A Spacious Residence, No. 43, Portland-place,
held on lease for 81 years from Christmas, 1790, at
a ground-rent of 42/. per annum, and charged with an
annuity for the life of a lady, now in her 62d year,
of 270/. per annum-1,180.