Star.
London, England, 1811-03-11 00:00:00

COURT OP US lON.

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-,..- _ MIST DIVISION) :WaitVARY tie
MOOT T. ocettanx.
' 2" 'There were three` iffeleet
.actions in this case under
the consideration of the Court. The.nott wits an action
at the instance of William. Stunt, Esq. of Wimpsoo,
against Dame Mary,'Lises, Elizabeth Glendonwyn,
otherwise Gordon, and Sir James,Gordon of Letter-
fourie, Bart. her husband, and news, to obtain imfils-
ment of a minute of sale entered into, between Mr.
Scott, and the deceased William Glendonwyn, Esq. •
of Parton. The recond was an action of reducticn of
that minute at Lady Gordon's instance, &c. against..
Mr. Scott ; and the third was an action of removing at
Mr. Scott's instance against Lady Gordon, Joe. After
a good deal of procedure had taken place before Lord
Armadale as Ordinary, his Lordship allowed the
parties a proof ; after which a state of the process was
'prepared, on which a heating in presence was ap-
pointed by the Court. On advising the cause,
Lord Wooneouszete said, I think it unnecessary
to consume much of your Lordships time in a cause
of !: ;s nature, where I have found no difficulty in
coming to suck a conclusion as satisfies my own
mind with respect to its merits. There are here se-
veral conjoined actions, but the action of reduction
in effect comprehends the whole t and the question
comes simply to this, Whether the pursuers, Lady
•Gordon and her husband, have shewn sufficient rea-
sons for setting aside the transaction between the de-
gender Mr. Scott, and his father-in-law Mr. Glen•
donwyn, for the purchase and sale of the family
estates to that Gentleman ? Various grounds of dial-
lenge are set forth in the summons :—There is the
challenge on the head of deathbed ; the allegation
that the deed was executed while the granter was la-
bouring under the disease of which he died, while his
faculties were impaired and weakened, and while he
wee thus easily subject to be influenced by the artful
and interested designs and persuasions, which, it is
alleged, were employed by the defender, to induce
him toenake an alteration in the destination of his
estates, which he had formerly intended to descend
without division to his oldest daughter, in order. to
maintain the succession of a series of heirs of the Ca-
tholic religion to the estates of this ancient Catholic
family; in short. a charge of constructive fraud and
circumvention, by which it is said, that a most undue
.advantage was taken of this gentleman, in his weak
state of body and mind, to make him disinherit his,
eldest daughter, and transfer his estate at a very ina-
dequate value to the defender, a man who, with re.
gard to kis country, was a stranger ; a man of a dif-
ferent religious persuasion, and for whom he could
have no :ration' favour or preference, to induce him
to such an act, if undue means had not been used,
while his mind was thus weakened by infirmity and
disease. These, no doubt, are relevant grounds of
challenge, and the question is simply whether they
APPINDIX. have been made good by the pursuer ? Here lam at
London, February 12, 1811. no loss to say, that iu my opinion she has failed in
At a Meeting of Merchants and others convened for :he par. every one of them. The granter of this deed, Mr.
pose of taking into consideration the difficulties and distress to
Glendonwyn, was the unlimited'fiat of his estates ; he
which the mercantile and manufacturing bodies of this country
. possessed the Unrestrained power of destining them Its
are exposed ; and the best remedy that, under the circumstances
can be applied; present, Sir J. SHAW, Bart. JAMES MARTAT, any way he pleased. He appears to have been from
Esq. Jean TVNNO, JIRRIAIAH HARMAN, THOMSON BONAIt, J. i nature a man of good understanding, of abilities even
J. ANIMA/I'llW, Esq. I. STANITORTR, J. INGLI4' THOMAS ' beyond the common, and of an acute and vigorous
Rata, Wizzusa Poarza, and the Deputies from Glasgow sod ..
. mind.- He seems to have entertained the .intention
Paisley I
Resolved,
and purpose of selling his estates for a considerable
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length of time ; to have well revolved in his mind;
That this Meeting is strongly impressed with a semi of the
very great difficulties and distress to which the mercantile and to have formed estimates and calculations of the value
manufacturing bodies of-every part of this kingdom are subjected,_, of his estates, with a most uncommon degree of acute-
and which threaten the most destructive consequences to the I IIeSS and precision ; tohave weighed every circumstance
merchant, and to every class of manufacturers, and others depen- regarding the mode of Making the transference; to
dent on them.
That this distress, which In the origin was considered to be hire suggested the most effectual methods for secure-
attributable to the imprudently extensive speculations of some in- ar carrying it into execution ; and to have at length
dividuals to those new markets in South America, which had re • Most deliberately executed it, while his.mind and in-
eently been opened, has, in the opinion of this Meeting, been in I culties were perfectly sound and entire. He continu-
a certain degree occasioned by circumstances of a different nature, ! ed, after executing this deed, to administer his affairs,
and far more extensive influence; and such, as this Meeting trust !
will, span enquiry, be found to justify an expectation of relief from 1 and to at:end as usual Loth to his own business, and
the assistance of Parliament, under the sanction of the Lords even to the business of the public, in attenjing road •
Conunissionen of his Majesty's Treasury. I meetings, and so on, where he shewed his usual abi-
Thati
the system of warehousing goods for es-exportation (with- • lity and soundness of understanding ; in short, there
out payment of duty) havihg been brought into complete opera- 1 is not a syinptom of imbecility to be seen to the last
Hon by the construction of the West-India and London Dock
bouts pf his life—when he was suddenly attacked by
warehouses, and of, similar receptacles for merchandize in tho .
_, s,
principal outports, the events which have occurred during the lut snat encase, which is often known to be preceded by
two years have tended to make Great Britain the emporium of : no symptom of weakness, no decay of mind, or even
the trade not only of the Peninsula, but also of the Brazils, of the . bodily disease, but to come at once upon a person en-
(vane& settlements in South America, St. Domingo, the con- rently
_s• .....- s. the soundest health of lsody and
quered Colonies of Guadaioupe, Martinique, kc. but even of Jursbil aPP.a,
countries under the direct influence of the enemy, whose traders ~ inii4 . Neither is there any thing in the nature of
have been anxious to avail themselves of the protection of British the transaction itself which involves a suspicion of
)sws and of the honour of British merchants. And thus it has, ' weakness on the one part, or of influence or circum-
from these simultaneous and co-operating causes, happened, that .....gssn on
the othei. What were Mr. Glendonwyn's
In a short 'pace of time, goods have been brought to this country, i ''"'"""
I do not feel myself bound to
in amount beyond all precedent and all calculation.—That the i motives far this sale,
power, wealth, and high character of the nation ,bave In fact con. i inquire ; but the transaction, considered as a pecuni-
tributed to produce a most alarming evil. And the measures off i ary bargain, seems to have been a' rational one—to
t,Le enemy having been especially directed to the preventing the i
have been well weighed and deliberated ; and the
exportation of the immense quantities of merchandise of all d••• i "'.
seriptions thus accumulated, the consequences are, that thecompetent to judge. was a full
are become a bur:hen, and the advances to the owners on account
goods price, so far as lam
and adequate value. There is not a shadow of pretence
sad the payment of freight and insurance, have become grievous,
,1 for the plea of lesion here—all is equal and fair upon
In such a degree as to threaten the most solid and respectable the principles of a commercial bargain. What then
homes with all the evils of insolvency.
That it has been the effect of this combination of circumstances remains as a ground ef challenge in a case of this
to produce a general distrust and want of confidence, whereby ; kind ? I will not take notice of the attempts that have
the evil has been incalculably aggravated, and is daily extending ; ' been made at challenging the date of this deed—thb
"so that, unless some immediate and effectual remedy be provided attempt to prove an alibi in one of the instiumentary
the consequences will, la the opinion of this meeting, certainly
witnesses, or any of the other objections that have
prove of a fatal description to the trade and manufactures of this Leen stated by the Counsel in arguing the cause.—
city, and the kingdom at large, and every interest dependant upon
them.
That this Meetlsg therefore consider it as incumbent on them,
Tee Counsel themselves did not seem to lay much
stress or conseeuence upon them. The main ground
tet submit these deeply-interesting matters to the consideration of challenge was the constructive fraud, and this, as
of the Lords Commissioners of his Majesty's Treasury; humbly I have already said, I think they have completely
soliciting that relief may be afforded by a loan of Exchequer Bills, failed in making good.—l am therefore of opinion
as was done in a similar case of commercial difficulty (but of a
much less alarming extent) in the year 1791, for such period, and for sustaining the defences anti assoilainginthe reduc- .
with such regulations, as under all the circumstances herein set tion, and for decerning in the declarator of implement.
forth shall appear to be just and expedient. Lord ARMADALE.—When this cause came before
That Messrs. Thomas Reid, J. J. Asgerstein, John Tonne, me as Ordinary, I considered it very important indeed
John Inglis, and the Deputies from Glasgow and Paisley, be re- to both parties. The magnitude of the averments on
quested to wait on the Chancellor of the Exchequer, with a Copy
of these Resolutions. the part set Lady Gordon, and the shape which these
averments assumed by the very specific condescen-
dence given on het part, left no doubt on my mind
that a proof was necessary, and that proof having been
led, I appointed a state of the process to be made up
Gip your Lordships' conaideistion, as the speediest way
of bringing this question tO an issue. Having now
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considered the state of the process-e-tecurring as I do
to the strong allee.,-ations of the pursuer in the reduc. •
Iron when the. eau.: was before me ; and comparing
these allegations with the proof; and The full and sea & '
pie pleadings Which I have /maid 'at the Bar ; I cola'
Lthat Illitm at aloss to conceive upon what ground
dy Gorden ever expected success. Your Lord,
ihisps have see; tile stature of thi elver /gm.; thif dais'.
transaction centludedlay a forktal minute of sale of a -
fuze estate, by an abtolute'pmprietor, Os his son-in-
law—a connection which rie.t the highest approbation

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.4iri,b/eatioawyn,— and as to wlliCh he had eapres-
•noeioa 'led satisfaction—that this tran-
t *Mid be subject to these deep charges,
rt I io he set aside .by a Judgment of this
°Wirt, deem& Most extraordinteu.
• 'the first ground upon which this demand was made
is, th u the Granter of the deed had execated it on
death-bed. An **Mum of this name ought net to
haat been entertained in this case without very strong
seasons indeed, seeing the pursuer, Lady Gordon, was
alivaysnear her father, and mast have known if he
was in bad health at all, whether that prognosticated
a speedy death. But this was not the only charge—
it was said that Mr. Glendonwyn, at the time of
unseating the deed, was so much reduced in body
and mind—in such a state of infirmity, that he
was liable to be Imposed upon by every man who
chose to take advantage of his situation ; and this,
it was silledged, Mr. Scott had actually done.—
it was these bold, unqualified, and relevant averments,
which induced me to allow a proof to the pursuer of
the reduction. But farther, it was said, that there
were circumstances of fraud and ittlansition in the
ease, sufficient free se, to entitle Lady Gordon to's-e-
-duction of the deed. It *as averred, that Mr. Glen-
donwynhad intended to sell only a part of his property,
but that some how or other, Mr. Scott, contrary to his
intention, had obtained a minute of sale of the whole.
it
• Lastly, that there was an alteration in the date of the
minute which ought to set it aside ; and that the pro-
posal of a sale, the carrying it into effect, and its corn-1
pinion, were attended with so much secrecy on the
part of Mr. Scott, as sufficiently to warrant the charge
If-fraud and circumvention. Having carefully pe-
nned the whole evidence of the case ; having given
the utmost.attention to the ample pleadings of Coun-
sellor both parties. I most say, that I never in my
life, since I sat upon this bench, saw a more complete
failure and refutation than what-the proof in this case
. affords oldie pursuers averments. Indeed, the Coun-
sel who argued the cause, and that most eloquently,
on Lady Gordon's • part, did so in a manlier which
could not apply to her condescendence of facts. They
left out the most important circumstances appearing
from the face of the proof, which they seemed altoge-
ther-to depart from, thereby virtually admitting that
it, militated against their cause. It had, however,
..been established, by the most clear and unexception-
able evidence, that the property in question was of no
great annual value.
At the commencement of dtis.action it did not
af-
ford a higher income to Mr. Gleadonwyn than £l2OO
of £l5OO per annum. It was afterwards disposed
of by him at a full and high price. Mr.Glendonwyn's
eldest daughter was married to a respectable gen-
tleman of large fortune, and, notwithstanding his
• debts and his small income, he gave a portion of
4E2000 with her ; and at the time of this sale Mr.
Glendenwyn is living with his 'other two daughters.
The yoflngest had married Mr. Scott ; and from her
father's letter on this occasion, die most beautiful T
ever read, he exprelsed himself in a manner, as mallet
marriage, which must have deeply interested the feel-
ings of your Lordships.' He thanked Gon, in language
'which evinced thehighest satisfaction, that his beloved
danghter had farmed so near and so dear a connec-
tion with Mr. Scott. After this he concluded the sale
of his property. From the proof which has been led,
it appeared that Mr. Glendonwyn was a man whose
cisal-acter and abilities were equalled by few. He is
Sid to have been a physician and a lawyer ; and it
waaftilly in evidence, that at the time the sale Ives
concluded, he bestowed, the greatest attention on
his affairs; he received his , Own rants; he wrote
his own leases ; he bought and sold land ' • be
was extremely active in endeavouring. to purchase
up' the leases ; and in every thing in which he
engaged, he proceeded with a degree of propriety far
superior to any person I have seen of the same rank in
life; and all this without the assistance of any other
person hatever ; for it appears that he only employed
Mr. Hannay, his ordinary man of business, as to money
transactions. Mr. Hannay indeed depones, that Mr.
Glendonwyn wrote his own law papers ; the. he could
not presume to argue with him ; and that he was the
most able man he ever knew. I see from the evidence I,
that this was his character, and that he had net his
equal, in point of abilities, in that part of the country.
I see him also possessed of the greatest parental affec-
tion, paralcularly for his ybungest daughter, as appear-
ed on her mat riage with Mr. Scott. As to the trainee-
. don having been entered into with that gentleman, thii
naturally arose from confidence, and the connection
which subsis:ed between them. If I were to presume
from what quarter the proposal of a sale originally came,
I could only trace -them to Mr. Glendonwyn, who
new saw, from the agreeable and respectable connec-
tion which his daughter had formed, an opportunity
of transferring his property in a way. which would
gratify his most anxious wishes and views. I see no
improper circumstances connected with this transac-
tion : it proceeded from nothing else .than what Mr.
Gkndonwyn considered the proper mode of accom.
pUshrng his object, which was to increase his income;
tolteep his estate in the family, and to enable him to
confer such advantages upon his daughters as his in-
clination might lead him to bestow. There was no
attempt on the part of any person to lead him in this;
at least, I am not able to discover any fr th the evi-
dence or from the able pleadings of the pursuer's
Counsel. On the contrary, every thing was fair and
regular. The original note holograph of Mr. Glen-
donwyn was sent by himself to Mr. Hannay, who pro.
seeded to prepare a draft of the deed in terms of it.
A great deal had been said about Mr.Hannay returning
thisnoteto Mr.Glerittonwyn,and not preserving it him.
self. But there was inreality nothing in this ; it was
suturally returned to Mr. Glendonwyn ; and this not
being a case of death bed (which required a man Of
business to be called in on an emergency, a ho would
be careful to preserve every note and memorandum
relating-to any deed he might have exeeuted), the ar-
ra:tient nude use pf•by the pursuer was not applica-
ble to it. It was a proper and rational proceeding in
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Mr. Hannay to. return the note, in order that, Mr.
Glendonwyn might see. whether his wishes, conveyed
in that note, had been complied with. Accordingly,
when it was returned along with the first minute pre-
pared by Hannay, we find Mr. Glendoawyn making
alterations upon it, which shews his know and
tits concluded in a manner which tie that it
was as much the died of Mr. Gleackatwytt as of Mr.
Scott. It is said that Mr. GlendmiltVy included
to len a part of his estate, alertly , and that
( AU. 049 g hadjaarPrgli obuirkW *Wu Nil

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nate of sale of the WWI,. I elm see' so evident* off'
this; on the contrary, I see it completely_estab •
' that both before and after the 'sate, MT.Glendonnya
was fully sensible that he was parting with the whok
of his estate. With regard to the averment, that an
alteration had been made in the date of the sub-
scriptiOn of the deed, this was no ,doubt a heavy
and important charge, and required investigation,
the' most especially as the deed itself is he fade-a,
regular deed, duly subscribed by the parties and wit-
nesses, and the testing clause filled up in confOrmity
to the law and practice of this country. There might
be Mistakes on the part of some of the witnesses who
were 'examined on this point—hut all difficulty arising
from this, is completely removedAn considering the
evidence of several of the witntWs who could not
possibly be mistaken as to *the facts to which they
swore, and who all'concur in deponing to certain par-
ticulars, which pat it beyond all doubt, that the deed
was executed on the day on which it bears to have
been subscribed. lam fully satisfied therefore. upon
considering the whole circumstances of this case, that
the pursuer has completely failed in supporting the
grounds of her action of reduction; and therefore that
Mr. Scott is entitled not only to be. assoilzied from
that process, but that he is entitled to decree in terms
of the conclusions of his own summons.
Lord , HEliMAND—While. my entire concurrence
with the opinion already given might be supposed
to preclude the necessity of saying any thing farther
in illustration, still, in a state of such great impor-
tance to the parties as this is, I think they are entit-
led,to know fully the reasons of our judgment. My
general view of the case is, that it has been a most
unadvised challenge. The most important part of
the cause is that which respects the executhin of the
deed ; and I confess I never saw such strange evi-
dence brought forward as has been adduced here, to
set aside the deed which had been completed with all
the formalities, and all the solemnities required by
our law. Tt shakes the foundation of property. The
challenge of death-bed is not applicable to this deed.
The sale was of an onerousnature—every challenge
as to the minute of sale is excluded by its true date.
Moreover, Mr. Glendonwyn was at church and
market alter this transaction was finished, and he also
attended public meetings, and did other business. Tt
was in fact completely proved, that he was able, clear
land distinct to his last moments—that he shewed a
great acuteness in the alterations which he suggested
to be made upon the minute of sale, and in the previous
calculations as to the, value of his estate, which proves
him to be a man upon such subjects that few could
equal, none excel ; nor was this confined toParton only,
but it extended also to Crogo, for your Lordships will
see in the calculations; Cr. and sometimes, C. which.
mean Crogo. In these circumstances, I felt it diffi-
cult to discover the shape of the pursuer's cause, when
she urged the plea of death-bed ; this ground her
Counsel appears in fact to have almost of themselves
I given up., But it has been said that Mr. Glendonwyn
[ had no inducement to sell his estate. Here, however,
I must beg leave to differ from the pursuers ; for
though Mr. Glendonwyn's motives are not to he en-1
qttired into, they are plain. His estate was biti-thened
with a debt of no less than £lO,OOO. His income only
Jel2oo a-year, which at this time of day, in my opi-
nion, was no great matter to a person of his rank in
life. His eldest daughter was married to a man of
fortune. By the transaction he gets a clear income
of £2OOO a-year. He would have required that
sum at least to support the 'honour of his ancient
family. When I consider the situation of Mr. Scott,
a gentleman of undoubted character, and possessed
of landed proreity both in England and Scotland ;
'I can see no reasi.n tor imputing the smallest blame
to him. It is said there was precipitancy ; the evi-
dence of Mrs. Rigg proves the contrary. An attempt
has been made to lessen Mr. Scott in the estimation
of, the Court, by representing him as an English
Counsel ; but I see no reason why an English Coun-
sel should not be a man of sense as well :is any other
Counsel. But what would his English law do for
him in a Scotch conveyance ? If I were to purchase
an estate in England, I must put myself in the hands
of an English lawyer. My Scots law wotild only
mislead me. It was the same with Mr. Scott. It
was likewise a proof of good sense en the part of Mr..
Glendonwyn, not to publish his affairs to the world ;
a circumstance, .by the bye, which has been most•
unsuccessfully and most unjustifiably converted into
a charge of designing secrecy against Mr. Scott.—
The memorandum authorising the minute of sale, it
had been proved, was in the hand-writing of Mr.
Glendonwyn ; he afterwards altered the minute, and
it would be observed that the marginal notes of al-
teration were highly favourable to himself. These
particulars demonstrated the ability of the seller,
and the fairness of the purchase. It is in evi-1
dence that Mr. Glendonwyn was sensible it was a
dear bargain, for he says, speaking of Mr. Scott,
poor man he has undertaken a heavy burden," and
Frederick Maxwell proves that it was so. The Conn-
sel for Lady Gordon, who had spoken last in the
cause, had.in a great measure given up the objection
to the deed not having been signed of the date which
it bears. But whether he had intended to do so or
not, this was by far the most important part of the
cause ; and if our deeds, after they are legally execu-
ed, are to be submitted to challenge by t e evidence ,
of a drunken footman, who might afterwards mkt it
into his head that he did not recollect to have seen
the parties sign their names, there would be en end to
all that security of property which it sanctioned both
by good sense, by law, and by equity. Providenti-
ally, when a false story is told, some circumstances
generally happen to make it contradict itself. I never
saw before such an instance of the use of the Roman
festivals. By them the date is fixed and traced be.
yond all possibility of doubt. Mrs. Rigg says, that
Mr. Scott arrived from London soon after Easter-
day. Now that was the 2d alApril; that from that
time she saw him.and Mr. Glendonwyn much occu-
pied in business ; and when Mr. gletidonwyn was
alone, he was engaged with the paper of calculations;
and that this terminated in the. two witnesses being
called in meanest the deed a slay or two before Mr.
Scott set off for London, which is clearly proved to
be on the 2sd ofApril., Sbe says also, tilt Mr.
ROSS arrived at Parton, frem the South, while, Mr.
M'Donafd,was at Parton; that Mr. M'Donah.l came
to Parton on the Ascension day, which was the 11th
of May, and that he lekir on Pentecost day, which
was the 21st May. Now,my Lords, the deed most
hive been gig*. before osi dine, because it was
ta POO** Oil Mr:. *att. ta4l liar*/ v
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build' ii.sairiargade aims ib.dierfartottimit, and re* !e- Such inched ma his aenteness• , his cleaineitlalm• tei.,
pibie *Adams ',Web has been adiloceA that the deed lest, that I hardly think it possible, any man wild
atresettecitted On the precise day of the month which have deceived him in the common affairs elf gfr,,,l
**ars. •Upon the whole, therefore, Isom clear that particularly in a transaction about his ors, tale ;
Mr. Scott ought to be assolizied from the action of '.and he was a man of too high homer, an strict
reduction, and the deed declared a legal and valid integrity, to be likely to deceive any sue himself.—
deed ; and those who - brought this unworthy, chal- There is no particular evidence before us as to the ta-
leage must bear the costs. . lents of Mr. Scott ; but from.his profession.---/ bar.
Lord BANNAryNe.—When I perused the conde- rister in the Englith Courts, he ought tc he a Gentle-
soendence in this case for Lady Gordon, end cousi- man of some talents and abilities, or his chance ( t
dered the important nature of the charges which she success in his profession wlll not be great. It is he
brought. against Mr. Scott, lat first attached some dispareeement to lint, however, .o say, that I beliere
degree of suspicion to the transaction which is the his talents were not superior to these of Mr. Glen.
subject of reduction; but having since perused the donwyn ; and in the sale of a Galloway es-ate, lon
proof, and heard the very able 'pleadings on both sure there was Le cozeparison. Mr. Glendonwyn ett.
sides, I am now completely satisfied that there was dently must hue known its value better than Air.
no ground for the slightest suspicion.—The pursuers Scott, and the: efore, had the advantage over him.---
, allegations, which went deeply to affect the charac- Mr. Glendonwyn bad honour on his side., otherwise I
I ter of MroScott, are now entirely swept away and would have been more likely to resome the*. Glee--
rendered nugatory. With regard to Mr. Glendon- donsv)n had oveureached Scott, than Scutt Glendure
typo there never was less foundation in any case than wyn. Now, as to the chaege cf foind against Mr.
in this to impeach his capacity. He was carried off Scott, it never lied any b isis or found eion. Althoueli
by a sudden death ; and there is the strongest evi- it was entleevouted to hei,ter it up by the aid f ail
device in process, that until the hour,of his dissoltt- the eloquence and abilities of the bar ; tmd eldiote;li
lion, he possessed all his faculties full and entire. Ice this trode of conducting a cause is certainly celeele:
every thing connected with the execution of the deed, • ted in gentral to incite impressions f.: pourable to I: e
Ithe same thing appears. It was gone 'into after the party on whose side the eloqueteet is employed ; fet
most deliberate consideration. Mrs. Rigg observed in this case it bad not the smallest effect ueon w :
him for a -coesideralele time mating his calculations. m:nd ; it hid not 'YOB a plausible appearance. Al
The deed being executed in a private manner, is not the colouring which was given it, all the gaudy ue.
uncommon in suet itransictions Mr. Glendonwyn : play and show of are ument which was bicught In,.
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proposed, dictated, and finally adjusted the terms of ward, dwindles into nothieg, and flea charge whit
it himself, and it was extended by Mr. Hannay, his the pursuer has endeate toed to eStflb.:4:lk Valli lies ;
ordinary man of busineis, a gentleman of the most a moment, when the facts of the case are stpera f
unimpeachable character, and whose conduct is corn- considered. There is indeed no 'room for two i.
pletely justified. Mr. Scott's carrying the memo- nions upon the subject ; and I hardly thtult it p •i.
randum to Mr. Hannay was of no consequence, as it ble, that any person, who had perused the ~,. „f,
was in the hand-writing of 'Mr. Glendonwyn, and * would. have entertained a different view of the case
was properly returned to him after its purpose was . from what I do. There are but two kinds of fraud;
answered. The evidence of Mr. Glendonwyn's abi- either by making the party beiieve that which is
lity to execute this •deed was most complete. He , false, or by concealing from him some truth lie ought
, transacted other business in his usual way. His col-; to have known. Now, as to imposing a falsehood
i culations afforded sufficient proof of his mind beir. upon Mr. Glendouveyn respecting his own estate, this
not only correct, but in its full vigour. These calcu- was impossible ; and the Character of Mr. Scott in-
, lations were not confined to ens object—they applied !terly excludes the idea of his having concealed any
'to the number of acres on the estate—to the value of ' thing from Mr. Glendonwyn which could in tLe
I each—to the probable price the whole might bring— I smaUest degree affect the nature of the transaction.
to the free reversion—and 'whether he would thereby 1 Whether the sale was judicious or not, that remained
be enabled to make a proper provision for his daugh.: with Mr. Glendonwyn ; it is no concern of mine.—
ters. If ever a specitnen of a man's talents was ex.lAll lam bound to know is, and Ido knew it, that it
hibited, it is done by this piece of paper. Mr. Scott, I, was his deed, and that he was of a sound tied dispe.
besides, paid a fair value for the estate, and without I sing mind. He had full and complete power to do
the advantage which had been introduced into the , with his own estate ache pleased ; and if lam satis-
minute of sale in favour of himself, I doubt much ' fied, as I am, that there was no dception practiaid
whether he would have been justified in making the upon him, I am not entitled to inquire farther into his
purchase. Neither was the manner in which Mr.'
, motives. 1 see it was his will to sell his estate, and
Scott is favoured by the terms of payment at all too ;he executed a formal deed for that purpose, lat Ascii-
much. It is plain Mr. Glendonwyn intended to make ! nil volarutas. So far therefore from setting aside a
a settlement, from what be said to Mr. Maxwell, ; transaction, which has been concluded uiiii all the
who asked him whether he could give his daughters ~ solemnities and forms peculiar to this country, and
rei 4,000 a-piece ? Mr. Glendonwyn said, tt Yes, Ilwhich the law requires, we can do nothing else in
can; and mote;" and so, my Lords, he could. He' dispensing justice, than to give to this ittj..ree. Gen-
did not believe that he owed more than £lO,OOO stet.- tleman, Mr. Scott, tlfe full aid of thOse I, g:1 ;lowers
ling ; and your Lordships will see that he had above :we are entrusted with, for carrying this transaction
£48,000 remaining at his disnoral. Neither do I' into complete execution. I have centinee mysei! to
feel any di ffictiltY as to the deed having been signed I a few very general observations on this cause, be, atbe
of the date which it bears, as this is most fully andli feel it to be oue so clear, that it requires no .i%za-
amply proved by numerous unexceptionable . wit-, melt to support it. Your Lordships are indeed uaa-
nesses ; and while I express my firm conviction that ; nimous in favour of Mr. Scott ; and therefore, I have
the pursuer has completely failed in making out her; only to move, 'that he lee assolizied from the a:tica
averments, which have been proved to be altogether :of reduction, and that decree should he pronounced
groundless, I cannot help expressing my regret that iin the process at his .own instance. In both cases
the result of the inquiries which must have been made ilikewisefiill expenoes must be awarded ag'airst Lady
on her part, did nbt prevent the institutioe of an ac.' Gordon, the mare especially as a charge of fraud was
tion so ungracious in its aspect as this has turned out ; brought fortVerd against Mr. Scott, without a vestige
to'be. The whole cause has been conducted by Mr. !of proof to support it.
Scott with proper temper and calmness, and in a i Counsel for Mr. Scott, ROBERT CRAI :E, JONI
manner which does him the greatest honour. $ CLERK, ADAM Gativs,and JAMES ItloNcttmer, Essii s.
Lord PRESIDENT.—AS I agree with all your Lord.lAgent, Mr. JOHN CAMPBELL, 4tus. Counsel fcr La,!?'
ships in the opinions which you have so distinctly , Gordon, the SOLICITOR GEKBRAL (Monnypenny), the
given, I do not consider it necessary to enter into the : DIAN of FACULTY, the non. HENRY East:lee, Ds-
particular circumstances et this case, but will confine ! VID CATHCART, and FRANCIS JEFFREY, Esqrs.—
myself merely to a few observations as its general ' Agents, Messrs. Wootee and Joames, W. S. ad
complection. 'then it first came into Court it had a -- HAMILTON, W. S.
most formidable appearance. The allegations confi- •
dently offered to be proved were- death-bed—fraud,
and circumvention,—facility,or incapacity—and lastly
an allegation that the deed under reduction, was not
subscribed of the date which it hears. AH these
charges were unqueitionably relevant ; they were not
generally brought forward, but stated particularly in
a condescendence given into Court. The plea of
BY HIS MAJESTY'S ROYAL. LETTERS PATENT.
deathbed, however, has been now given up by Lady
Gordon's Counsel; and no person who had read the j EAKE's Genuine PILLS, so justly famous for
proof could fail to discover, that this course had been A-4 their superior efficacy in curing every degree and synq • oat
followed by the pursuer's Counsel, because the plea et the Venereal Disease, the Scurvy, &c. without o:initiation er
restraint of diet, is an easy, expeditious, safe, and secret roaa.
was completely untenable. Neither had they chosen aer. One small tasteless Pill Is a dose, its operation inirercep.
to insist upon the allegation as to Mr. Glendonwyn's tible, and sequiring no particular attention.
incapacity. They had brought it forward merely
as a collateral circumstance to help them out with In 15 days they generally cure those cruel D:scrders ; ail
their charge of fraud. There only therefore remain. where they fail in that time of perfectly restoring It
,t,idbe pa.
flout has the happy assurance that
.he or she is at the e: c . .ing
restored, let the degree of malignancy be es er so grt ..%
ed of the original charges, that of fraud and circum-
it
ventioa, which, as they were no doubt relevant char- the ecorsma np
Laxicnegnpe na
!Icy, peculiar to these
.Pills, to make Irectly is
and enter into contest wi:11 the utfendlog
ges, deserved the consideration of the Court. But as matter, which they speedily dislodge and expel. shey are .1e:!..
there was no direct proof of fraud they began, as red' y experience to he.ii ;•reserver of Lealth, as a eh. a. ar, < -
commonly happens in such cases, to talk of the rhea- inre
r'by, shortt,atidhen gPoant clynreie ig• Ih-assitlagilseePrill 6 Slllla.afy"i obligationdll':
' ' to •
: C. ::,
tion of the parties. But they did more; they endea- that whatever be promised himself from them, thev w-: • •_:e t:.
voured to supply this defect by an offer to orove cer- fulfil and exceed, as thongh impatient of immortal an.: an:v..- ,• 1
taro suspicions circumstances connected with the exe- , lame'
anind
aCI
These Pais are most Worthy a place in the c..:.::, -• ..
cution of the deed, which, if established, would infer Masterslkodall climate
of Shipls; thbennr
trgo,anfadrithwatt ::::::11,1,;
fraud. This of itself was material even without. a di- wit weQ rime the ten of esnear yfoen fears, with- tare,
• .
rect proof of fraud. Accordingly the case was allotv- themselves,and honour to their author, Lim:mai tii.• ..
ed, to go to proof upon this general allegation. What . last eight years they have radically cured ii;w.:.tr.:, of r.,;.t e
however was the ground now taken by the pursuer ? , sons, many of whom had been discharged from Ifs-J-:1.. .
cud all o:..: ..
It was not said that Mr. Glendonwyn was utterly in- nude uiTte Oh;awbilenortfrefluctf"y repeated,
capable of managing his affairs ; that he was in a si- ! Prepared and Sold by the Sole Pro, ri?tnr, THOMAs 1....,*1
tuation which would have warranted his relatives cog- Member of the ItoralCoikge of Surgeons in 00nd0e,..: •
noscing him ; (the only ground which could have N. 9, New Bridle-street; where he will give ad% ice, ,
made the pursuers averment on this particular rele. Fe°,"'Pert.2srl"l6"a these Pills, and will answer l'-'1
vane) All that the pursuers have now maintained . tine"'
ostiincvielartel-, or° thetonetietenilliessnaotibseers„"; observing
sir ,t.:l !, ,
is, that Mr. Glendonwyn, being an old man, this ne- mentioaed, but at their,oiwnpparticular request, ley the lic.spi , • ••
cessarily impaired his faculties, and rendered him in- during the course of ntorn than 40 years, that he has hal z.te e- •
capable of conducting his affairs. It is very true that ' duetirg of an extensive sale of the above medicine, and alt, p.,.:.
lice arisinfrihervtimin'
he was an old man I that he was about 66 or 67 years
of age ; almost is old as some of your Lordships who 35Thserf are air *l"' b7phill"PPTlntnn'T at
die P`N.rfrer::::
are now judging of this cause ; and, if I mistake not, rooteeeme; Mr.s rt-et- '
y
about the same age as the senior Counsel who plea- . oppositerthe Monument; and by one Person in every c.lc.ider?!.,.
led it on behalf of Lady Gordon. Yet your Lord- town In ratallandsPall-mat!
;slthts.e7, jfi-`hop,
-tPeleet-Hill. ns;ri)
&t. In Boxes of only Ss. 9u. ea..::, 9,-.11,..1 ~.:
ships lately heard a speech from that Hon. Gentle- with (Mend plaitr.diveetions, whereby persons of either sex •••
cure tkentselvss with ease and secrecy.
men, which would not have done discredit to she
N• B. Every Box sem in Great Britain !s .4e.' ti with est n- .
youngest Counsel at the bar. But it is of no tonic- in which, bylavois of the Co its 'r• ls hauteiPit .0 che St.:-=. -
questa to advert to the age of Mr. Glendonwyn, for (meets, T, Tailor,
1 never saw a clearer prOof in my life of a Irian pin- i felony, d ail _. ____„, Mt_ ___ (*thaws are ccArntralf*
Seifillg uncommon -talents and ;Abilities, Ohl a greater. -'..-----,--.-
tchg , New Burmagut:' et."se inn:ate 5.1..1.
• -
accomplishments,' than what has been hrootht for: Loastrusis tounee and published by Lavas. Ka NT, at the :.. , A
stare' is his Pm at Matt: a, very inPetittli IIIIN••■• i 0n1401104 Ls 4.ag47 sutra, gada tm 011" 4."41"4
. . .

1 -MORROW.
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1-11GH WATER AT LONDON BRIDoE.To-MORROW.
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