The Sun.
London, England, 1842-12-21 00:00:00

LAW IN

GENCE

CHANCERY.—(THIS DAY.)
The Court was occupied to-day with hearing cause
and lunatic petitions.

CAMPBELL V. BROWNRIGG.

This was a petition under an appeal from an order
of the Vice-Chancellor of England, and related to
the right construction of the terms of the will of
Lionel Hook, Esq., late in the service of the Hon.
East India Company, by which he left to his daughter
Isabella the sole use and right of a sum of 50,000
sicca rupees;to be invested either in Indian or English
Government Stock, but both principal and interest to
be at her own disposal. In case she married and had
children the said 50,000 rupees were to go to such
children in equal shares. She did marry, but died
without issue, andbt he question was whether her vested
right still continued, the contingency by which it
was to have been affected never having occurred.

VICE-CHANCERY.—(THIS DAY).
(Before the VICE-CHANCELLOR Of ENGLAND.)

The Court disposed of a long list of cause petitions,
all of which were unopposed, and then proceeded with
motions, of which the case of Yeld v. Simpson, already
part heard, occupied the greater part of the morning.
(Before Vice-Chancellor Sir JAMES IVIGRAm.)
COOPER V. TURNER.

His Howouß gave judgment in this case. The facts
were strictly these :--On the 25th of May, 1829,
the defendant became bound by a covenant to pay
5001. upon a certain day. The covenantee died in the
year 1837. The personal representative of the co-
venantee had filed his bill against the covenanter to
recover the 5001., and the arrears of the annuity which
was to be paid by the covenanter. The covenantee,
by his will, had given the covenantera legacy of 5001.,
payable out of the 500/., stating by his will that that
sum was due to her with interest. The covenanter
contended that the money due upon the covenant would
not carry interest. The relation in which these parties
stood to each other was that of mother and
son. He thought it impossible, under all the circum-
stances, to doubt that no claim was ever intended to
be made. It appeared ,that during the life of the mo-
ther accounts were from time to time settled between
the mother and the son ; and although the mother
lived with the son, no charge was made by the latter
either for rent or wages ; and, on the other hand, no
claim was made by the covenanter for interest. His
decree would be to declare that at the time of the
death of Elizabeth Turner, Richard Turner was in-
debted to her in the sum of 5004 and also to the ar-
rears, if any, of the annuity of 3001., secured to her
by the same indenture. The Master to take an
account.

COMMON PLEAS.—(THIS DAY.)
BEALE V. LEAF—SLANDER.
The parties in this case are both surgeons, prac-
tising in the neighbourhood of Stepney, and this
action was brought to recover damages for certain
slanderous words spoken by the defendant to the in-
jury of the professional character of the plaintiff. The
alleged slanderous words were to the effect that the
plaintiff was not a regularly educated surgeon, that
he was ignorant of his profession, and that the death
of one of his patient. 3 was owing to his unskilful treat-
ment. For the plaintiff, a number of eminent sur-
geons,:Mr. Aston Key, Mr. Wallis, Mr. Tyrrell and
others were called, who gave him a very high
character as a surgeon, and testified to the diligence
with which he had pursued his studies as a pupil.
They also justified the practice which he had pursued
in the case of the deceased patient alluded to by the
defendant. Mr. Tyrrell particularly said that it was
a case beyond the reach of art. It was also proved
that the plaintiff passed his examination at the Col-
lege of Surgeons, and obtained his diploma in 1841.
Mr. Sergeant TALFOURD having addressed the Jury
for the defendant,
The Jury retired to consider their verdict, and in
about half an hour found for the plaintiff—Da-
mages, 1001.

BEALE V. DALE.

This was a similar action by the same plaintiff
against another surgeon, arising out of the same case.
Mr.iSergeant TALFOURD, for the defendant, offered
an apology, and consented to a verdict, with 40s.
damages.