Star.
London, England, 1826-04-18 00:00:00

LAW REPORT.

COURT OF KING'S BENCH, APRIL 17.
THATCHER V. TIIGNIPSON•
This was an action brought by the plaintiff to recover
from the defendant, an accredited agent of the Vene-
zuelan Government, the amount of some military equip-
ments and stores, shipped for the service of that state
in 1818. At the trial hefoie the Lord Chief Justice at
this place, after last Hilary Term, it appeared that two
supplies had been furnished by the plaintiff, the latter'
of which had been paid for with an order drawn by the
defendant on the Venezuelan Government, which was
duly honoured. The action was to recover the amount:
of the first supply, and the Jury found for the plaintiff...!
Mr. SCARLET? now moved for a ruler° strew cause
why a nonsuit should not be entered, on the groundot
misdirection in the Learned Judge, who told the Jury
that it did not appear that the plaintiff knew the first
supply was furnished to the service of a state engaged,
in war with the mother country. The Learned Coma.:
sel contended that the plaintiff must be aware of that
fact from the payment of the amount of the second:
supply, with an order on the Venezuelan Government;
and, therefore, the present claim could not be subject
Matter of investigation in a British Court of justice.
The Court was unanimously of ()Pinion, that though the plaintiff
was aware the second supply was to a state at war wiih the mother
country, no such knowledge was proved on his part as to the supply
for which the present action was brought, and they refused the
rule.—Rule refused.
DOE, ON THE DEMISE OP THE EARL OF DARLINGTON; v.
THE MARQUIS 01 HERTFORD.
Mr. C. F. WILLIAMS said,. this was an ejectment
brought by the Noble Plaintiff to recover possession of
a house and garden in the Borough of Camelford, which
the Noble Defendant, as assignee of a lease, had for-
feited by a breach of covenant, in making seven tene-
ments where three only had stood. The object was
supposed to be the increase of votes for the Borough.
The cause was tried before Mr. Justice GAZILRI, at the Assts
for Cornwall, and a verdict given for the plaintiff.
It was now contended by Mr. J. F. Watusms, that there
been no breach of the covenant, and the Court, wider all the cle.
eithastmees, granted a rale to spew cause.
CCM R 1 OF COMMON PLEAS, Aran 17.
•WRIT Or RIGHT.—TOOTH t 7. 3AGWEIJ.
This Cif" which, our readers may remember, stood
over from the last Term' in consequence -of• the illness,'
of one of the Knights stutlasoned, came. on.'yesterday
for trial, at their; Lordships' bar.' The •Grold Assize.
was then assembled, consisting of .four Knights and
twelve Esquires. •Sir Richard BiraieviForemaiss.-.
. From the saws of the Ricthis-umiak orouseeeed. •
Mr. SerjestatVallaita* sIXO`titsif Wth"urb
Now thacthe legal for reelitietatios '9s6e *Fie:piesEtad
the question to which the Jury hadtai.dirickita attention,
was very short and 'very 's.inaplE.:--'l'hoy.bsd met so try.
the tide on two itaes.stiaggsohO'bneinliffhitectora-strees,i,
and the other in Adam-and-Die-ccirrit: He would state
his case, and .suiSpott it by evidence, .andleave it forthe
other Side to prod ace What answer they could. In-the
year 1749, Thomas ToOth died, leiving. two-children'',
James and Ellen. Theibrmer" of course, succeeded td's
the estate. He died, leaving- two sons, James and
Richard.. sameseded, and died without issue to
1764. Richard succeeded, and also died without issue,
and in a state of the greatest poveSiTs in 1766. In 1770
it was discqyyred by Sir John St. Albin, that he must
have.claimion.this estate, in consequence of his grand-
father haviag, married. Ellen, the sistet of James. After
taking the netassary proceedings. Sir John took pos-
session of the estate to which he was thus entitled. A
bill was afterwards filed against him in Chancery, by a
person who proved without title. Sir John died in 1772,
leaving his son a minor. In 1780 the estate in question
wastonveyed by the trustees of the infant, to a man
named Adis. By the will of the latter, the fee became
vested in his widow. It was afterwards purchased by
the present tenant. This .was the title his client pos-
sessed, and he was not aware how a. better one could be
shewn by the demandant.—,The necessary certificates
of death and birth, the deeds of conveyance to Adis, his
will,.and the conveyanie to the present tenant, were put
in and read. .
Mr. Serjeant Bosaucluar then addressed the Jury on
behalf of the definclant.—Thaadmiwhich his client 1.1
up were through a male. Thu has Tooth had, besides
his son:James, and his .dinghter Eden, a son aunt
Edward, it was Ircias bins. he derived his title. E6iatel
was a younger sod went to raide in Fletching
in Seises,. Ite had hoists than eight children; the
nag saof due stlijait *ls John ; he had a son named John,
,wha..alecothadcsifteannid John.. .The last died an in-
'hut, and lefearibrother,-Itichard, through whom his
client claimed..:..Ar' the -principle law was, that a
claim thitiugh..a'inaleSol:the stronger, his client must
be intitle,l to obtain possession of the meninges now
sought to be recoveredv,l „ , .
The registers of the bisehmAtirk4vAlts: a Mini& Tooth and his
tiescendants.Ware putlissiml rood. Tye "Ve4ogises were ihell caUe4
to shew the connection itetWein the •f Oily of Fletibing and the
fanny it Miriam. •
The Lour Oster issmennt obseree4iisii kiss the demandant
was vesperal wido bete/ _evidence Sorsby 'Headed proof, than the
etsternent of dhows witnesses, be mustbe defeated.
Mr. Bedew* sot anavne sold he sow not ; for dining the delay
ofthe trW, vs* orthe whining, who was very old, bad died.
;The Loan ggstV Jesessa•sahl that was undoubtedly to be Is-
mewed, bat Presenizoldeote mold not entitle the densandant
to a verdict: We Lordship then requested the Jury to inform hint
what was their opinion.
Sir Richard Biraie, as Foreman, said they quad for the tenant.—
' Verdict fu; the tempt. ' •••
• Several, studeats• have rately been arrested at Leipsic,
by trder• of the King of- SAXONY,. and their pipers put
since? At' li'affittned that the Police had just dis-.,
ievete,l the ii.l.o4i';lr secret association.'
• c*A.letter'frotta iliityiug 404 1,.420,7,4iatd01d1id
SCH ARIPIR,, who is, $ skin ae,c444 At-M.1114 Pttor Bra'
a 1, ha's been received in a formal audience by his Royal
Highness the Duke of CAMIRIDGE, as Charge d'Afs
tines from B.taail.