Star.
London, England, 1825-08-20 00:00:00

LAW REPORT.
....Bp.-&

COURT OF CHANCERY, AUGUST so.
•
TR! RRV. ALRIANDER FLITCHIR fr. UWIIRDO AND
7 OTH SRL
Mr. HART applied for an injuncfion in this case, to
restrain the defendants, Mrs. Margaret M-Minclo, Mr.
Amory, and the Sheriffs of London and Middlesex,
from taking out execution unln a judgment, under are
folloWing circumstances:—The plaintiff, in the year
1818, became the lessee of a cottage at Homertm; the
lease contained a covenant that he should Tint underlie,
the premises without leave of the lessor, Mrs. M.Murdo.
The plaintiff expended a considerable sum in repairs;
subsequent to which he borrowed certain sums of a
neighbour, Mr. Amory, depositing the lease whir that
Gentlemen's solicitors, Messrs. Amory and Coles, as
security. The plaintiff afterwards made an assign-
ment of the lease to Mr. Amory, without the consent of
Mrs. M'Murdo, who brought an action if ejectment
against the plaintiff, on the ground of breach of cove-
nant. In the meantime, Mr. Amory made the Reverend
plaintiff hi; lessee, by means of a lease executed in his
favour, pending, however, a negotiation with Mi.
Ashley, the plaintiff's solicitor, for proc::ring a tell,
quishment on the part of the plaintiff of all tit'e to the
premises, in consideration of a sum of money, in addi-
tion to those which had been borrowed. When the
Plaintiff was applied to for his signature to the :sgre,!-
trent, he disavowed the act of Mr. Ashley, alleging he
was not his agent ; and refused to execute the agtee-
ment. The action of ejectment, meanwhile, went on,
and Mr. Amory undertook to defend it; but previops
to the trial, he agreed with Mrs. IVlraMordo to Purchase
the freehold; he then confessed judgment in Mrs.,
M'Murdo's favour, in order to enable the Sheriffs to
eject him ostensibly but really to eject the plaintiff, for
the purpose of letting him (Mr. Amory) into posßeasion.l
The Learned Counsel, under these circumstances, moved
for an injunction to prevent the consummation of this
plan, which was clearly a collusion between Mr. Amory
and Mrs. Mghlardo.
Mr. Wansanato supported the motion.
Mr. SUODRR, on the other side, observed that the
Reverend Plaintiff was not a person likely to be taken
advantage of; his very name inspired a conviction that
he would be. proof against imposition. Nothing like
fraud could be imputed to Mr. Amory ; he had entered
into a contract with the plaintiff's agent, Mr. Ashley.
The Lout Qum:mum asked if Mr. Asbley bed made an allldavki
Mr. Somme replied in the negative.
The LORD CIIANCELLOR considered an affidavit from
this Gentleman to be very desirable, and directed the
case to stand over till it was made. In the meantime
his Lordship was of opinion, that if the plaintiff were
ejected under Mrs. M'Murdo's action, be would have,
a right to possession by virtue of the lease from Mr.
Amory, unless he had forfeited that tight by his own
act or that of his agent. It was therefore necessary to
have Mr. Ashley's affidavit. If it was furnished to his
Lordship beforeTue.day,he would dispose of the motion.

PILICINOTO/4 V. SKIM.
Mr. ROLFII moved for an order so confirm the Mas-
ter's Report in this case, which related to the guardian-
ship of two wards, nieces of Sir Thomas Pilkington,
who, with Mr. Tuffnell, was guardian to the infants.
Sir Thomas, not having had the necessary domestic
establishraeot, bad applied to be removed from the
ofce of guardian Au well as his co-guardian, Mr. Tuff-
nell); but having subsequently married, he now wished
to retain the guardianship. ,The Come, however, con-
firmed the Mastev's.Report for the removal of the old,
and the appeintment of new guardians, and refused Sir
Thomas and Mr. Tuffnell their costs, as they had ap-
plied to be removed ; giving them liberty to present a
Petition before the first Seal.

His Lordship rose this day, a little after 2 o'clock, harks; pre-
viously mentiontd a variety of judgmeots be was prepared to gore,
and intimated that others would employ his time in the country
during the long vacation. It Is expected that the Court will sit
during all next week.

PALACE COURT, AUGUST 19.
EVANS V. BEN BURN. _

Mr. THOMPSON said this was an action brought by
the plaintiff, a sporting Gentleman, against the defend.
ant a well known pugilist, for the recovery of the sum
of 51. which had been placed in his hands, as stake-
holder, to abide the issue of a bet, but which he had
withheld, and improperly disposed of against the usual
(in such cases) given undertaking.
The plaintiff called Mr. Wolley, Mr. Clark, and ano-
ther, who proved the wager of 5 to 1 being betted, the
plaintiff betting the odds, that Grimley could not clear
him of any joint betting between them which th-y had
entered into with others. They also proved the re•
peated application to Burn for the money, but he re-
fused to give it up until Mr. Kirby gave his decision ;
but that Gentleman refusing, Grimley refused to have
any other reference, and declined meeting all pasties at
a place appointed to decide the wager, when Burn said
he would keep the money for ever sooner than give it
up. The witnesses afterwards heard, to their great
astonishment, that Burn had given Giitnivy the money,
knowing that Mr. Kirby h:id never decided.
Mr. Kirby was ;Ind proved he _never had de-
cided the waiver, ficm a kind feeling towards both
parties, who had repeatedly urged Wm, but he would
not. He never had even expressed his opinion on
the subject.
This was the plaintiff's case, and
Pie. Seats: addressed the Jury for the defendant.
The Learned JUDOS summed up, and expressed his
indignation at the proceedings altogether, and lamented
the time of the Court should have been occupied by so
profligate- a host of persons. He gave it as his opinion
decidedly, that is point of law the plaintiff was entitled
to a verdict.
Tire Jury found for the plaintiff—Damages £5, with costs.

During the last seven years eight hundred and sixty-
five persons were convicted of horse•stealing, of whom
only fourteen were executeJ.
Such is the demand for brick makers in other parts of
the world as well as England, that m'any of them have
received engagements to go to the South of France, and
even to South America, to make Wicks for C e build-
ing of contemplated towns and cities in those parts of
the world.
It seems there it a society among the journeymen
batters in the metropolis for supplying its members with
moaey, not only when they are out of employment from
any cause, but to enable them to go on their. travels
when they shall please to desert their family. A man
named Cripps, was yesterday brought to Union-ball,
for having sent his wife and children to the parish.
whilst he was rusticating on the proceeds of a " blank"
from the society, as it is called, which procured him as-
sistance
from the different members in the country.
The fellow, however, thought proper to return, and was'
compelled to reimburse the parish for all expenses dor.
ling his absence, to escape the tread-mill.