The Sun.
London, England, 1811-11-12 00:00:00

I, 4FP MPORT,

COURT OF CIIANt.'2I,,RY, Nov. it.

•
Tilt 11,00'.4 DL moNTestaunau V. 'SANDYS'.
At -o'clock this rn.rning "the Loan
CFl.l.Ot, pursuant to appointment, pronounced his
fo.at :ilFigtvent in this cause at great length, and
with nriCommon equitable erudition and dia.
quesition. His Lordship commenced with the state,
merit of he peculiarity and novelty of the case;
which was unlike any of chow classes,of convey-
ances from a client to his attorney,, against Which
this Court was in the praffice, of relieving the client,
and setting aside the contra& It was not
.sutfi-
ciently proved in evidence that the defendant, or
even.the plaintiff, knew the real value of the eight
of presentation to an advowson appendant •to the'
manor, as' this was. • There were four copareeners
entitled to present in their successive turns in per-
petuity to Ilse vacancies, as opportunity .occurred;
and the. Baron de.Mcintesquieu, in right of his Lady,
one of the,coparcenera, the third then in succession,
offerej it
.to the defendant, his Solicitor, who was
by, marriage connetled id the family way with some
of the coparecners, and in partieular with, one of..
thorn, Mr. Houghton, the Lord of the Manor, to
which the •advowson was appendant, and to whom
the ilarors offered his reversionary right. in 1803,
previous to the sale thereof, at the same price, to
the Defendant, for the hum of tool. at time that,
according to the charges of the present bill, it was
worth 7501.. and by the accidents of death since
Isappening, new computed worth 0001. and -on
the grnunds, of imposition and concealment on the
part of the defendant, as• to the real value at the
time of the purchase, sought to be decreed back to
the: plaintiff' by this suit.
This was not the case of a' gift or reward to an
attorney, in consideration. of ~ervice<s .in an arduous
cause, which this Court will not allow,
..so long-as
the relauion of attorney and. client continues, nor is
it the rase, of fraud .or undue advantages even on the
lace of the plaintiff's. own . bill ; but 'nerd) a car,
where fraud is abandoned, and 'the defendant, with
his other two brother atiornies, had incorredly and
incautiously vut the defendant's bill of costs, untaxed,
and unliquidated, above two years after the purchase,
off against the purchase-money, and obtained a suns
of 451. balance
.for the defendant, in 1800; from the
Objettionable and suspidious as were
the circumstances of the case, the evidence on
wither side was satistatiory, nor the pleading suf•
ficient to,invalidate the present purchase, even if
the present value of the advowson,which. now yields
7501. per annum, to the incumbent, were provided
to be 10,0001.
Judgment fur the defendant.

COURT OF KING'S BENCH, Nov. it.

NORTUN V. 811AKSP1:,RE,

The ATTORNEY•GENERAL moved, to' have the
verdia in this case set aside, his Lordship having
given him leave to move to that effect.
An issue hid been &retied by the Coon' to. try
two points—first, whether Norton the plaintiff on-
the Record had become a bulimia, and had ob..
tailtt d his certificate; and secondly, if he had for.,
mercy entered into a composition with his creditors
wiThin the rneaning of the smut; the4th of
Geo. IV iih'as to preclude hitn, so tar as bis,effetts
were concerned, of the benefit of that certificate,--
The
,plaintiti, it Was 'proved on 11w trial,' had for.
merly, in the year 1807, been in pattnership With a
'per,ion of the name of 'Wolfe Lion. They .had
compounded with Their creditorß, itt 'unequal inopur-,
tiiiint; three of their joint creditors hod not reneived
any corttpositien' midi". as to the separate creditors
of Norton, no composition whatever had been made.
Avilla them, Tots, the Attorney-General stab.
trotted, .Was not 3 eompounding within the menu..
of the statute, which contemplated a.complete
release in favour of the debtor, and a complete sur-
render of his takes to his creditors,'

Lord ELLENBonou on saki, he had been oropi-
bion on the trial, and OM continued otthat opinion,
.ti',at there was here' n eampoundihg• within the
meaning of the Ala of vorbarnhit.- Tho point was
new, however, end he .wished 4e-opinion of •the
COlil upon it. l'ne Atiortley-Gederal, therefore,
had better take his Rule.—Raie Aisigranted.