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SALT & SONS,

SHREWSBURY

THE LAW JOURNAL,

FOR

THE YEAR 1824,

COMPRISING

REPORTS OF CASES

IN

The Courts of Chancery and King's Bench,

FROM MICHAELMAS TERM, 1823; TO TRINITY TERM, 1824,

BOTH INCLUSIVE ;

AND IN

The Court of Common Pleas,

FROM MICHAELMAS TERM, 1823, TO EASTER TERM, 1824,

BOTH INCLUSIVE,

VOL. II.

LONDON:

PUBLISHED BY J. W. PAGET, 5, QUALITY COURT, CHANCERY LANE.

IAN

9 DEC 1959

RARY

B. Bensley, Bolt Court, Fleet Street.

THE LAW JOURNAL

IS A

MONTHLY PUBLICATION, ,

SOLD TO ANNUAL SUBSCRIBERS ONLY:

CONTAINING

1. Reports of Cases in the Courts of Equity. 2. Reports of Cases in the Court of King's Bench. 3. Reports of Cases in the Court of Common Pleas. 4. Reports of Cases in the Ecclesiastical and Admiralty Courts. 5. A Digest of all the Reports in every Court of Justice in the Kingdom. 6. An Annual Supplement to Burn's Justice. 7. An Abridgment of every Act of Parliament immediately after it has passed. 8. Law Tracts.

DURING THE PERIOD OF THESE REPORTS.

IN THE COURTS OF EQUITY.
Earl ELDON, Lord High Chancellor.
Sir Thomas PLUMER, Knt.
succeeded by

Master of the Rolls.
The Right Hon. Lord Gifford, S
Sir John LEACH, Knt. Vice Chancellor.

IN THE COURT OF KING'S BENCH.
The Right Hon. Sir CHARLES ABBOTT, Knt. Lord Chief Justice.
The Hon. Sir John BAYLEY, Knt.
The Hon. Sir GEORGE SOWLEY HOLROYD, Knt.
The Hon. Sir WILLIAM DRAPER Best, Knt.

succeeded by
The Hon. Sir Joseph LITTLEDALE, Knt.

Lord Chief Justice.

IN THE COURT OF COMMON PLEAS.
The Right Hon. Sir Robert Dallas, Knt.

succeeded by
The Right Hon. Lord GIFFORD,

succeeded by
The Right Hon. Sir WILLIAM DRAPER Best, Knt.
The Hon. Sir James ALLAN PARK, Knt.
The Hon. Sir James BURROUGH, Knt.
The Hon. Sir James RichaRDSON, Knt.

succeeded by
The Hon. Sir STEPHEN GASELEE, Knt.

IN THE COURT OF EXCHEQUER.
The Right Hon. Sir RICHARD RICHARDS, Knt.
succeeded by

Lord Chief Baron.
The Right Hon. Sir William ALEXANDER, Knt.
The Hon. Sir Robert GRAHAM, Knt.
The Hon. Sir William GARROW, Knt.
The Hon. Sir John HULLOCK, Knt.

IN THE ECCLESIASTICAL COURTS. The Right Hon. Sir John Nicholl, Knt. Official Principal of the Arches Court of Canter

bury, Judge of the Prerogative Court and the Court of Peculiars of Canterbury. The Right Hon. Lord Stowell, Judge of the High Court of Admiralty of England. The Right Hon. Sir CHRISTOPHER ROBINSON, Knt. Chancellor of the Diocese of London,

Attorney General.

Sir Robert GIFFORD, Knt.

succeeded by Sir John SINGLETON COPLEY, Knt. Sir John SINGLETON Copley, Knt.

succeeded by Sir Charles WETUERELL, Knt.

Solicitor General.

CASES ARGUED AND DETERMINED

IN THE

COURT OF CHANCERY;

COMMENCING IN THE

SITTINGS

before

MICHAELMAS TERM, 1823,

}

GEDGE V. TRAILL.

1823.

was indebted to Paxton and Co., and that Nov. 3.

Paxton and Co. were entitled to retain the

assets in their possession in satisfaction Demurrer to a bill filed by a creditor, of their own claim. All the partners in against A. the executor, and his partners the house of Paxton and Co. were made B., C., &c., alleging, that assets of the defendants to the amended bill. There was testator had come into the hands of the no express specific allegation of collusion partnership, and that all the partners between Traill and his co-partners, except claimed to retain these assets, in satisfac- the common charge of confederacy. tion of a debt duc from the testator to All the partners of the house of Paxton their firm, but not alleging in terms col- and Co., cxcept Traill, put in a general lusion betwcen A. and the other defen- demurrer to the amended bill. The ground dants: the demurrer is overruled.

of demurrer was, that the creditor was enThe bill was filed by the administratrix titled to proceed only against the executor, of a creditor of Napier, for payınent of the unless he made a special case, by charging debt out of Napier's assets. It stated, that collusion between the executor and the Napier died in India, having appointed person having assets in his possession ; certain executors there, and other execu- and that the bill here contained no such tors here; that the executors in India had charge. proved the will there, and had remitted Mr. Cockerell was for the demurrer : considerable sums to the defendant Traill, Mr. Teed, contrà. who was the sole personal representative Vice Chancellor.-I am inclined to think, of the testator in England. Traill was that this bill, though it does not charge originally the only defendant, but, by collusion in terms, states on the face of it amendment, it was alleged, that the assets circumstances which amount to collusion. had been remitted either to Traill, or to It charges, that the assets have been rethe house of Paxton and Co., in which he Initted either to Traill, or to the house of was a partner, and that they (meaning all Paxton and Co., and that all the partners the defendants) pretended that the testator of that house claim to retain them in satis.

B

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