Reports of Cases Heard and Decided in the House of Lords on Appeals and Writs of Error

PERIOD OF THE DECISIONS REPORTED IN THIS VOLUME.

Lord Chancellor :

LORD COTTENHAM.
LORD LYNDHURST.

Master of the Rolls:
LORD LANG DALE.

Vice Chancellor of England:
SIR LANCELOT SHADWELL.

Vice Chancellors :

SIR JAMES L. KNIGHT BRUCE,
SIR JAMES WIGRAM.

Attorney General :

SIR JOHN CAMPBELL,
SIR THOMAS WILDE,
SIR FREDERICK POLLOCK.

Solicitor General:

SIR THOMAS WILDE,
SIR W. W. FOLLETT.

Lord Advocate of Scotland:
A. RUTHERFURD, Esq.
SIR WILLIAM RAE.

Lord Chief Justice of the Court of Queen's Bench:
LORD DENMAN.

Lord Chief Justice of the Court of Common Pleas :
SIR N. C. TINDAL.

Lord Chief Baron of the Court of Exchequer:
LORD ABINGER.

Lord Chancellor of Ireland:

LORD PLUNKET,

SIR E. B. SUGDEN.

Master of the Rolls in Ireland:
SIR MICHAEL O'LOUGHLIN.

LONDON:

Printed by James & Luke J. Hansard,
near Lincoln's Inn Fields.

MEMORANDA.

Lord Cottenham having, in the month of September 1841, resigned the Great Seal, the same was delivered, for the third time, to Lord Lyndhurst.

On the 29th and 30th of October 1841, respectively, James L. Knight Bruce, Q. C. Esq. and James Wigram, Q. C. Esq. were appointed Vice Chancellors, in pursuance of the Act 5 Vict. c. 5. They afterwards received the honour of knighthood, and were made members of Her Majesty's Privy Council.

In June 1841, Sir John Campbell resigned the office of Attorney-general, and was appointed Lord Chancellor of Ireland, in place of Lord Plunket, resigned. He was at the same time created a Peer of the United Kingdom, by the title of Lord Campbell. On his Lordship's resignation, in September 1841, the Right hon. Sir Edward B. Sugden was appointed, for the second time, Lord Chancellor of Ireland.

Sir T. Wilde, who held the office of Solicitor-general, was appointed, in June 1841, to that of Attorney-general, on the elevation of Sir J. Campbell to the Peerage,

In September 1841, Sir Frederick Pollock was, for the second time, appointed Attorney-general, on the resignation of Sir T. Wilde; and Sir William W. Follett was a second time appointed Solicitor-general; and Sir W. Rae was likewise re-appointed Lord Advocate of Scotland, in place of Mr. Rutherfurd, resigned.

TABLE OF CASES

REPORTED.

VOL. VIII.

ANDREWES v. Walton and others (Appeal-Practice,
Inrolment-Costs)

Athlone's (Earl of) Claim (English Marriage Abroad,

Evidence of)

Baird v. Neilson (Patent-Agreement)

Page.

457

262

- 726

Balfour v. Malcolm (Jurisdiction- Declarator-Plead-

ing)

485

Bank of Scotland v. Christie (Partnership--Private Es-

tate-Payment of Debts of former Partnership--Heir) 214

Brown v. Annandale (Patent-Previous use of Invention) 437

Callaghan v. Callaghan (Agreement-Specific Perform-

ance-Equitable Fraud-Uncertainty-Practice) - 374

Callaghan v. Callaghan (Costs-How to enforce Pay-

ment)

709 n.

Carter v. Palmer (Counsel and Client-Purchase of Se-

curities)

657

Casamaijor v. Pearson (Trust Disposition and Will-
Annuitants and Residuary Legatees—Competition) 69

Dill v. Lord Haddington (Construction of Deeds-Post-

nuptial Settlement)

168

Edinburgh Railway Company v. Wauchope (Private

Act of Parliament-Notice-Tolls-Waiver of Right) 710

Fergusson v. Fyffe (Accounts by Bankers with Customers
-Liability of Individual Partners—Interest, Indian ;
Compound-Foreign Law-Statute of Limitations)

Flight v. Thomas (Statute, Construction of-Prescription

-Easement-Practice) -

121

231

Gordon v. Graham (Landlord and Tenant-Sequestration,
Assignation of—Bill of Exceptions) –

- 107

Gurly v. Gurly (Devise-Dower-Distributions, Sta-

tute of) -

- 743

Haig v. Homan and others (Renewable Leases-Annui-
ties-Jurisdiction-Practice)

Hastings Peerage (Dignity by Writ of Summons and Sit-
ting-Evidence-Lapse of Time, no bar to Claim—Pre-
sumption against Right from long Non-user repelled—
Possessio Fratris not applicable)

Hill v. Paul (Public Office-Assignment of Profits—

Creditors)