The Sun.
London, England, 1827-12-19 00:00:00

LAW INTELLIGENCE.

ROLLS' COURT, DECEMBER 18.
FORGED DEED.
PEAKE AND OTHERS V. mouriatti.
Mr. SUGDEN appeared for the plaintiffs. The
defendant claimed an estate called Bowers, in- Staf-
fordshire, under a deed which he alleged had been
executed in 1818, by a Mr. Ward, to whom he had
formerly been tenant. Upon the trial of an issue at
the last Staffordshire assizes, that deed had been
found a forgery, and criminal proceedings had since
been instituted against the defendant, who; a short
time ago, applied to the Court to grant -a new trial,
which was refused. The plaintiffs were now de-
sirous of having their rights detec,mined by the
Court. They claimed the estate in question, in op-
position to the alleged deed of gift to the defendant,
under a will dilly executed by Mr. Ward, the for-
mer owner of the estate, a short time before his
death, in 1819. The bill prayed that the deed
might be declared fraudulent and invalid, and that
fact having been found by. the verdict of the jury,
the plaintiffs were now entitled to have effect given
Ito their claim under the will. The decree which the
plaintiffs therefore prayed was, that the defendant
might account for the rent of the estate of which he
had been in possession under a lease granted by Mr.
Ward, and that he might deliver up such lease to
be cancelled.
The decree was then granted.

VICE-CHANCELLOR'S COURT, Dxc. 18.

STYA3I AND OTHERS V. HOWELL, :MOUNT, AND OTHERS.
Mr. HEALD applied to the Court to dissolve an
injunction which had been obtained in this ease.—
The circumstances of the case are these :—Two
gentlemen named Ebden and Houghton, were in
partnership. The former resided at London, and
the latter at the Cape. Mr. Ebden gave a power
of attorney to some persons at the Cape to act for
,him there, in the.. event of anything happening t?.".
Mr. Houghton: and Mr. Houghton took a sitnillir
precaution in reference to Mr. Ebden. The persons
who held Mr. Ebden's power at the Cape were
Messrs. Howell and Mount ; and Mr. Houghton
dying on the 23d of December, 1826, they called a
meeting of the creditors of Ebden and Houghton, at
which meeting a resolution was come to and signed
by all the creditors present, by which it was agreed
that they should take a composition of lis. in the
I
pound. Now it must be observed, that the power
of attorney was merely a common power .of attorney,
and authorized no such act as this on the part. of
Messrs. Howell and Mount; but he did not mean to
raise any argument on this point. It was upon the re-
solution that he relied, and that contained two very re-
markable qualifications : the one was, that Mr. Ebden
was to be consulted as to whether he would consent
to the terms of this resolution ; the other was, that
if all the creditors did not agree to sign the resolu-
tion within three months, the resolution should be
void. IYow the plaintiffs had signed the resolution;
but some. doubt laying arisen as to their debt,
Messrs. Howell and Mount wrote to them, saying
that they had referred the claim of the plaintiffs to
Mr. Ebden. The plaintiffs, upon this, filed a bill
for an account, and obtained an injunction to restrain '
' Messrs. Howell and Mount from disposing of any
had refused. to sign the, esolution, and that some of
them were .so dissatisfied, that they had actually
issued out process against Mr. Ebden. When he
considered these facts and the cruel situation in
of the property ie their hands, except in the way
mentioned in the terms of the resolution. Messrs.
Howell and Mount had put in their answer, in which
they stated, that they thought Mr. Ebden would
have agreed to the resolution, but that on being ap-
plied to he had refU4ed; that many of the creditors
WhiCh Mr. Ebden had . bon
placed by the injunc-
tion, lie could not conceive upon what principle the
Court had ever granted the injunction, An the

facts could.notod that time, have been brought be-
fore the Court.' NoW that they did appear, he was
sure the• Court would dissolve the injunction.

Mr. SUGDEN, on the other side, argued, that from
all the circumstances of this case the Court ought
to look at it with some suspicion.
The VICE-CHANCELLOR said the resolution, from
the very terms of it, being void, he must dissolve
the injunction.
His HoNouw-intimated his intention of keeping
the seal open to-morrow and the next day, and, in-
deed, until all the motions were disposed of.

COURT OF KING'S BENCH, DEc. 18.

THE KING V. 7.IEREILLOS.

In this case, an action of conspiracy, which we
gave in part yesterday, the Jury found the defendant
Guilty.

COURT OF COMMON PLEAS, DEC. 18.
CODEFROY V. JAY AND ANOTHER.

The defendants in this case were attornies of this
Court, and the action was brought against them by
the plaintiff to recover compensation for a loss sus-
tained in consequence of their neglect of duty in a
case which he had intrusted to their care. The
plaintiff some time since had an action brought
against him by the father of a boy whom he had ac-
cidentally injured by throwing him down whilst
driving his chaise. The injury sustained was very
slight, and he tendered a guinea, which he con-
ceived would be a sufficient compensation. It was,
however, rejected, and on refusing to pay more, an
action was commenced against him. The process
in this action was s.?,rved at the plaintiff's house, but,
by some mistake, upon his son, and conceiving that
service to be irregular, directed the defendants to
move the Court of Common Pleas to set it aside,
and they undertook to do so., but subsequently neg-
lected to take any step in the matter, and the pro-
ceedings continued ; the plaintiff being perfectly
unacquainted with that circumstance until he saw a
report in the newspapers, that the case had been
tried in the Sheriff's Court upon an inquiry, and a
verdict given against him for 301. The amount of
these damages, as also a further sum for costs, was
eventually levied on the plaintiff's goods. The
ob-
ject of the present action was, therefore; to recover
damages for the loss he had sustained.
Mr. Justice BußnouGH was of opinion that the
objection was fatal, and directed that the plaintiff
should be iionsuited. His Lordship observed that
the plaintiff could never have expected to recover—
there never was such an action in this world before.
If the defendants had made the application to the
Court, tliey would have been laughed at.

Mr. Sergeant TADDY and Mr. COMYN appeared
for the plaintiff, and Mr. Sergeant WILDE and Mr.
TOMLINSON for the defendant.

HIGH COURT OF DELEGATES, DEc.IS.

This Court was occupied this day and the pre-
ceding in hearing two appeals of considerable men
cantile importance from the High Court of Ad.

miralty.

THE TRIAL.

This was a question arising on a bond, purporting
to be a bottomry bond. The vessel having sus-
tained considerable damage during a storm in the
West Indies, whilst waiting for cargo, and the mas-
ter being without funds or connexions there, raised a
sum of money for repairs on the bond in question,
at. 8 per cent., hypothecating the ship and cargo
now on board or that might hereafter be put on
boarcL" On her arrival at London, the vessel was
arrested at the suit of the obligor, and it became a
question in which all parties were interested, whe-
ther the bond secured the liability of shippers of
freight subsequent to the date of the bond, and who
were ignorant of its existence, as well as consignees
of goods in England, who had been compelled to
pay freight, and were now required to repay it. Lord
Stowell, in Michaelmas Term, 182 G, decided that
all the parties were liable, and that the bond was
good. From this sentence an appeal was brought
into this Court..
Their LoßD6tur3 decided in` favour of the appel-
lants, and reversed the sentence of the Judge of the
Admiralty Court.

TIIF ATLAS.

In this case, which was repeatedly before the
Court below, it will perhaps be recollected, a bot-
tomry bond of a very peculiar kind was the subject
of the suit. It was executed by Captain Clark, the
master, in the East Indies (Calcutta), mad, in ad-
dition to the ordinary stipulations, it conditioned
thato,
etrshein_ aucamse.botortriO,..wieod.
f shouldthe
vessel,,
erle, repaid the
ebbyy
ex-
cluding sea risk, supposed' to he the essential ingre-
dient in bonds of this nature, and warranting what is
termed the fienus nauti( um. It was alleged, in the
course of argument in the Court below, that this form
of the bond was customary in the East Indies. Lord
Stowell, in Easter Tern, last, after some ineffectual
attempts to prevail upon the parties to resort to
arbitration, dismissed the party proceeded against
upon the bond, on the grounds of want of juris-
diction, and the difficulty, complexity, and mag-
nitude of the case, expressing a wish that the
question might be brought before this Court,—a cir-
cumstance relied upon by the appellants as denot-
ing that his Lordship rather . referred the question
than decided it.

The Counsel for the appellants wished for time to
consider and make researches ; and the Court ad-
journed the case till the 15th of January next.

SHIPPING INTELLIGENCE.

LIVERPOOL.

MONDAY, DEC. 17.—High water 55 minutes past nine
o'clock.—Wind S.S.W.—Arrived the Bahamian, Peace,
from Demerara, with sugar, rum, &c. ; Margaret, Patter-
son, ditto, with ditto ; Jane, Watson, from Bahia, with
cotton and sugar ; Ann Paleyn, Neale, from Lisbon, with
wine and fruit ; Young Norval, Walleburg, from St. Mi-
chael's, with fruit ; Pease, Dodson, from Drogheda, with
wheat and flour ; Lord Kelwarlin, Gibson, from ditto, with
malt and beans ; Elizabeth, Cotter, from Westport, with
oats; Fame, Ballantine, 'from ditto, with ditto; Susanna,
Human, from Sligo, with ditto ; Skylark, Edward, from
Strangford, with barley; Nile, Parry, from Dublin, with
sundries ; Sheffield, Richards (steamer), from Belfast, with
ditto ; George the Fourth, Parsons (steamer), from Newry,
with ditto; Earl of Surrey, Griffiths, from Isle of Man,
with ditto ; Comet, Phillips (steamer), from Dublin,
with the mail. It now blows almost a gale, 10 p.m.
Wind S.W. One ship, one brig off at four o'clock. Pri-
vate signal T. and J. Brocklebank's.
CLEARED OUTWA RDS. —Providence, Potter, for Havre
de Grace ; Florida, Tinkhant, for New York.
Telegraph Office, Liverpool, Dec. 17.
Wind at Holyhead at Ten, 15 a. m. West, blowing fresh.

LONDON MARKETS.

COUNTRY OORN MARKETS DURING- THE WEEK.

Wheat. ; Barlay. Oats. Beans.
Per Quarter. s. to s. s. to s. s. to s. s. to s.
Boston*—.. 38 55 26 30 17 24 40 60
Grantham 48 50 30 3.1 20 26 46 50
Grimsby 45 4S 27 29 21 22 40 42
Horncastle 42 46 24 27 16 22 40 42
Hull 42 54 20 34 16 33 40 44
Lincoln 44 52 28 34 21 30 50 54
Spilsby 44 48 26 30 18 20 40 42
Stamford---. 4O 55 24 33 24 31
49 60 29 31 18 30 46 60

NOTTINGHAM.—Dee. 15.
The supply of Wheat was fair, and rather better prices
obtained. Barley rather cheaper, but had a ready sale.
New Oats were heavy sale. Beans plentiful, and Is. per
quarter lower, but few sales effected. In other articles no
variation.' The following are the averages per quarter.
Wheat £2 13 8i Oats £1 6 011iye £1 12 0
Barley 1 14 6 Beans, new 2 8 diPease, boil. 0 0 0

COTTON WOOL.
LIST of IMPORTS AND EXPI

DIPOUTED.
r.----A
Same pc-
This 1-iod last
•
year. year.
Bags, &c. Bags, &C.
Liverpool :32,615 477,213
London . 67,849 61,835
Glasgow 57,207 22,924
Total exported in 1827 ,t,-, ~, •,,