Star.
London, England, 1806-03-18 00:00:00

LAW MTELLIGENCE.

COURT OF CHANCERY. MARCH 14
HILARY V. W•LLIII.
efierday Meffrs.RlClllllll3l and Hone were heard
' - Appellants. and the Souctroa Gausais and
tODWIILL for the Refpondcnts. It wis a quef-
the validity of a title to a certain eflate, called
Fingrath, which had been purchafed for 3 t,oool. and
Mifier of the Rolls had decreed, that it woe a
t and competent title. The decifion involved the
rine of prefumptions in equity, trod the cafes re.
xl to in the argnments were from 6 Vefey, jun.
Ideal. 417. 8 Idem, 131, 4 Term Rap. a, sad
additional cafe from ad Atkins.
LORD Coancatr.oa, in pronemeinis judg.
laid, u It appears t, me to be for she interell
Appellant that I fhould gin immediate judg•
-.cat in this cafe. His Honour has decreed, that
the-agreement for the pnrchafe of the h teat.'
dtould be performed. I admit to jiirg.irCKAlDSs
- no purehalkr ought to be compelled to fulfil
an agreement. sakes the feller can ellablifit a
title ; and I mean here, in the 'lrma (epee of
words, fuch as in • court would be conhdered as
_ marketable title. I take the preemption of the
validity of a title, horn lapfe of time and 'minter.
rasped, enjoyment, to fiend upon fun obvious
grounds, that it does not require the fuhtlety of a
lawyer to comprehend it t it depends upon the m-
end cheraaer of man ; and it is this Cunple
that we Shall be 'difpofed to eojoy- whatever
igs to us." Hit Lordfhip proceeded to apply
_ familiar principle to corporeal and incorporeal
hereditament,, and then continned—u Lord Kenyan
(whom I mull always remember, not only with fen•
tunnies of refpea And admiration, but with ardent
affeain and gratitude), had a cafe before him, le
-h the queßion was, if the Plaintiff were I
Igoe ? Deeds and writings were produced I
documents were paler and complete—yet
wake paper, they were not worth the parch.
on which the charadlers appeared. That
and Learned Judge 11x14, that the claimant
t received the interefi upon the mortgage for
ive•ansktrenty years. and therefore it mull be con.
-ed es (edified. It is the infirmity of human nature
cannot dive into antiquity—as *ell may we
that men of a certain gigantic flature e silted
antideluvian world, without tellimony,
divine. as credit fome of the conjeaurei ha.
. ins Court of Julice. (His Lordfhip bete
the cafes, in which the opinions of Mr. Jolliet
Gould. of Lord Minefield, and Lord Ellefmere, had
given on this doctrine of prefumptions, and then
.Ided.) It Is not often that poetry travels into
art of Law or Equity. ' Lord Coke, however,
that it was invented to enable Rodents to re.
her the Page maxims of Law, it may be allow.
therefore, to estraa a few limes horn Cihrper

We turn to dolt, mg. eur works
Die teo—tke de_l4) Merin we fey.
Time pierklebea up, awl Nit ereee retnrioa
Webodii wine we draft eternal reek.

A &Rant walla AIR Ms Male Sod.
And In the 40, OW andlfaiveled levels,
The undlkoneeed lOU &VW
us for a moment endeavour to turn the deed
into plain Englifh ; yet fo ambiguous it
, that I would almofi rather lots the eßate,
read the tide of the inilrument. The St. Clair
rieron Oates had been fold to Gordon and
,htfbricge for 14001. Tbele were to be fectued,
there were fome ineumbranees which mull have
- termination. But were they to be fecured
, when long enjoyment removed all uncer-
and for this ineffectual purpofe was the ef-
Fingrath to be hung up in the limbo of va-
irhout the probability of its being brought to
What I have Rated may with difficulty be
' from the deed, for it is drawn up as if it
fended to be a fraud on the underaatrding of
In addition to this we may infer, that eleven
is the expeeled period of the infirmity of the
and Heron castes i after that, the fecurity
longer required, and the means of indent.
longer neeeffary, are :Aligned. Am I not
ide that the St. Clairand Heron effaces are
ices to the purehafers, after a repofe of 540
,uprofe a claimant were to defcend from the
,hether he repiefented the Crown, or under
AU,' Mit), his pretenfinns might Ile fupport
d foal .1 I'Ltintitt recover ? Would not this
ant s perpetual injonilion after au unititer.

'rupted pniteMot of t voyears ? In this cafe the *ea.
of the fecurity is Rated. fo that we can form (nine
judgment of the purpnfe for which it was given; and
if the defign be not fulfilled in a period of too years.
it could never be fatitfied in a longer time than the
Philofophers I....rned in the theory of the earth have
allotted us for the duration of the globe we inhabit.
My lodgment then, is founded on the preumption ;
beeaufe, without fending the cafe to a Court of
Law, I am as ens fident as I am of my own exiftence,
that the fudge of filch a Court would inßruft the
Jury that a re conveyance of the cßate had been
made. lam the more fortified in thisludgmentr as
the fame opinion had been before entertained by the
Mager of the Rolls."—judgment affirmed.