Star.
London, England, 1806-08-21 00:00:00

tettained tome difficulty; but if, in the concluflon.
he had ditcovered a tingle circumflance which was
obfeure, he would have lent it down, in the ()event an
for the confideration of a Jury, and by their
decifion he would have abided. The contents of the
inflruments executed by the Purcells, were Willa-
tory evidence that they were unacquainted with their
effect. It was a maxim in the law which regulated
all tribdrials, that prefumptlon might be railed on
fads that might be difputed ; but it appeared to his
Lordlhip, and he confidered it a very fortunate cir-
eumfltance, that, in this cafe, it was unnecelfary to
aflame any faR whatever; for, whether the parties
clad or did not underßand what they were perform-
ing. the deeds, in the point of view his Lordllip be-
held them, could not Stand the tea of the law in this
or any other Court. Hit Lrodfbip's fiat conneßiot
with Mr. *Namara was when the Defendant was
a (Indent in Lincoln's Ina, and the care of thefe
young people (all of them being under the age of
nineteen), teemed to devolve upon him as their
friend and relation: and from the fubfequent trent-
adions, it appeared. that he was the perfon totg:om
they retorted for protection and advice. By thelied
of the 11th of September, 1780, the Porcells bound
themfelves to repay Mr. M'Namara all turns of mo-
ney which he might have advanced to any of them,
and it was impoßible nut to think that the deed of the
rth. the day following, was not only in contempla-
tion, but was actually prepared at the fame time with
that of the i till. His Lordlhip would proprffe the
following queflion : Su pole there Ladies, and this
John Purcell, inßead of receiving fupplies from Mr.
M'Namara, had had advances from tome money•
lender to the amount of 8001. and fuppote that perfon,
teeing that the hanky he had with the fon WAS only
that of a tenant for life, had uffered to take the in-
heritance of the daughters, and betides that required
a perfonal covenant by which he might have call
them into a jail ; his Lordlhip would imagine that
the PnrceUs had conic to Mr. M'Namara, and thus
addreffed him :- We look up to you as our friend
and protector ; our brother. has received the kindell
affißance from a perfon in the city; he has advanced
for is the various Sums which we relnired fir our con-
venience ; we are now difpnfed to tax our inheritance
and to enter into a perfonal bond; but we think we
cannot Rop here, without rewarding him for the
obligations we are under, and ought we not to give
him the elate aril, and leave ourfelvei hound even
wheß the whole property is- gone ?" His Lordlhip
owed it in juilice to Mr. Id-Namara to believe, that
if fuch a propofition had been made to him, a young
man with honourable fentiments, he would have re-
volted at the idea, and would have refuted his con-
tent to fuch an agreement ; it would have been con-
fidered calumny to have afferted the contrary. Yet
we fee how far feltintereft would carry a man, for he
had done the very ad himfelf which he would have
confidered criminal in another. In many inftances,
features of fraud appeared upon the face of the deeds
themfelves, and when the knowledge of the contents
cannot he imagined in the Purcells, was it not natural
to infer an overbearing influence to enforce the exe-
cution ? and his Le-v.(101;p maintained, that the De-
fendant Rood in that confidential relation to the fe-
males, that tom:ling the inarument to be binding
upon them, if given from a &anger, yet it could not
be enforced on the part of Mr. *Namara, he em-
ploying his authority in the character of protedne,
gwardien and friend. The next point was, whether
the deeds had received confirmation, by the acquief-
cenee of the Plaintiff for to long a period ? If his
Lordlhip had not been made acquainted with the
circumflances, he thould certainly have Paid, that
Mil, Frances Purcell came too late ; but for the rea-
fon fisted by the Matter of the Rolls, that was not
his preterit opinion. If Mr. M'Namara, on the re
port of the Mailer, Should be difffiti-fled, the doors of
the Court were not doted againft him, and he might
bring it on in the form of exceptions to the report.—
His Lordfhip concluded-by affirming the Decree pro-
nounced by Lord ELDON.
Mr. M'Namara immediately rote and addreffed his
Lordllrip in thefe words a " My Lord, I cannot hive
the flightelt nbjettien implicitly to abide by the late
decree, confirmed by what your Lordlhip has now
pronounced. It is neither my intereft or my with
that any one of thefe deeds Mould Rand. except as a
fecurity fur what I have actually advanced. But if
the Matter Should report that I am not entitled to
the advantage of being the aflignee of Alexander
Grant, the Plaintiff would difencumber her moiety
r f the cliate from her mortgage to him, of the right
Ito which no Court of inflict can divell me. My
Lord, as to one moiety of the elate being decreed to
the Plaintiff, Mits Purcell, I not only fubmit to it
without appeal, bin I am alto willing to relinquiffi
the other moiety, which is indifputably mine, and to
give up the whole elate, provided, what cannot be
denied, is decreed, that I am the reprefentative .of
Alexander Grant. II this is underflond, I have no
objection to the Plaintiff having the whole elate.
Shall then be extremely benefited by the decree, I
Shall be a creditor intend of a purchater, and Shall be
teleafed from the annuity of 2501. which my huma•
fury induced me to hind myfelt pertynally to pay the
Plaintiff during her lite."
LORD CHANCELLOS" I have done nothing with
the decree. Ail that I have ch-ne is to declare, that'
the decree is neither reverted nor altered. lam ig-
norant of the proceedings in the Matter's Office ;
but if the Matter makes an improper report, comer
before me, with exceptions to it, and I will put it to
rights."
The SoLici roe CFNFR AL infifled Orongly for cofir
againll the Delendtnt, not as Sr, a commen rehear
ing, but in propoiteial io the mai:nitwit of the pr.-
ceedinge.
His Lordfialp, however, reftifed to give any colts, I
remarking, that, in to important a cafe, and contain-
ing fuch a number of minute eireumadnce,, there
could not be any objection to every light which either
minty might think they could glum,. on the cafe

Yeerday morning, in Portland place, Vifrounters Ache Jon, of
a fon and heir.

MAnititU
Monday. at Edgeware, Richard Brown. Efq. of Lowcr Tooting,
to Mils Williams. eldeft daughter of John wallas s, E(q. Com
triliTiontr of his Mikity's Customs.