Star.
London, England, 1805-11-29 00:00:00

LAW IN7 E LLIGENCE.

COURT OF CHANCERY, N0V.27.
MILLFGAN AND 'MARE V. COORS.
This was a bill filled againft the Defendant, for
the purpofe of compelling him to make good his coo-
p ad, and refer it to the Mailer, to encpaire into what
compealation should be allowed the Plaintiffs out ofl
his pm chafe money, in confequenee of a defed of
title. It appeared that Mr. Cooke had purchafed
the honk, gardens, fields, green houfe, and hot houfe
plants, farniture, Ste. held by the late Earl of Rofs•
lyn, at Bellatife, near Harnpftead, under lcare from
the Earl of Cherie' field, for the term of twenty-one
years, with a covenant that the Earl ihould renew
the kale twice, making, in the whole, a term of 63
years. The covenant provided, that, fhould the
tide ft fon and heir of the Earl, after his coming of
ag-, or his affigns, refute to give renewals of the
lade, the purchafer thouid be entitled to fuck cum•
genfation out of the real or perfonal effefts of the faid
Earl, as his fon ffioulei inherit from him, as fhould be
awarded in an affirm of damages, or a decree of a
• Court of Equity. Mr. Cooke ordered this eflate to
he icld by Mr.Shuttleworth, an audioneer, at a pub-
lic Ration : but a fufficient fum not having been
bidden for it in that way, Mr. Shuttleworth difpofed
of it by private contraft to Mr. Hoare, who gird as
agent for Mr. .Millegan, and the Pale was concluded
for the fum of 4.4001. There was au article in the
agreement, that if any thing was miftated or omitted
in the reprefentation, it fhould not violate the file,
hot be allowed for by :he purchafer, in proportion to
the amount of the whole purchafe. The agreement
was made on the 27th of April, en the 28th pnf-
feffion was given at the requelt of Mr. Milligan, and
the defed in the title was difcovered on the 2d of
May On the 4th of the fame mouth, notice was
given to Mr. Millegan that, if he was diffatisfied with
the title, Mr. Cooke was willing to relieve him from
the whole of the agreement : on the 6th he began his
irni,rovements on the ellate, and, on the 7th, filed
this bill in Chancery, to be allowed a compenfation
la the &fed of title.
'Tie application was fupported, at c•infiderable
length, by Nleffrs. ROMILLY and Nawsoto, andvery
ably refilled by the ATTORNEY GaNSILAL, Mr. RI.
CHARDS, and Mr. MARTIN. There latter gentlemen
argued, that the lands were held by Lord Chefter-
,
feld, under leafe from the Dean and Chapter of
Wetiminfter, who had not power to give a leafe for
more than three yeari, or twenty-one years. The
purchafer, therefore, was hound to take it upon the
belt title the vender could affign to him, fuck as it
might be. They thought it impoffible for the Mat-
ter to eltimate the value of any compenfation be-
tween the difference of twenty-one and fixty-thres
years ; and the more 11), as it might be poffible for
1 Lord Chefterfield to fujfil his covenant, by ufing his
belt influence with the Dean and Chapter for renew.
als of the kale, before the refpedive terms were eon-
- ended.
On the other hand it was urged, that as the ven-
der had made a different reprefentation from the
fad, the purchafer was entitled to an abatement of
• the pm chafe money in proportion to the difference
• between the title which he received, and that which it

was reprefented to be.
As there was not time for going through the whole
of the cafe, the LORD CHANCELLOR ordered it to Eland
over fur a future bearing.