Court Of Common Pleas, Tu...
Mir. Justice (+ASELEE took his seat this morning on the beach, as one of the Judges of this Court. LADY SALTOUN V. 0110STON, EXgCUTOR. Mr. SergeantTAnDD moved for a rule to show cause why the judgment in this caseshould not be entered up against the estate of tie testator alone, and not in the usual formde honis testatoris ct, ,i flon, de propriis bonis. The leamed sergeant contended,-that as the defendant had only defended this antion as an executor, and bid not pleaded falsely, he ouglht not to be made personally liable for the coats of it. The COURT, having inquired and found that the plaiutiFl intended to enter up judgment in the usual formn, granted the rule which the learned sergeant moved for. CART.TON V. PORTER. Mr. Sergeant VAUGHAN moved for a rule to ashow cause why an annuity granted by thedefendantin this casesbould notbc set aside, and the deeds bh delivered up to be canceUed on the ground thatpart of the consideration monev had been retainea when the annuity was granted. The learned sergeant said, tliathe made this motion upon an affidavit, which stated thatthe consideration money, 6301., was to be paid for an annuity of 1051. Wher the transaction was about-to be completed, 1essrs. Howard and Gibbs, who had negotiated the annuity, claimed of the defendant two sums of 90L and of 501., on an accgunt and forprocuration money. These sums the defendant consented that they should retain, as he was greatly distressed tbr money, and was afraid that ir hemade any ebjections to their pro. posal, they would contrive to put an end to the transaction. Under these circumstances he applied to the Court for relief under the pre. vuisons of the act .of the 5d George .IIL, which rendered aU such retentions illegaLcRuleqgranted.re e haTXhe Cno uxst-rosea a a qutarter past 12 o'clock, in consequenlce of COUJRT OF COAMAION PLEAS. TUESDAY. JUT.Y f.