Court Of Chancery, Thursd...
LAflRSPORT. asE e sitting or me tiourt tbis mornirmg, mi5r. 1lAt ULeI,1AUAILL to his Lordship that the parties ce,sld not agree in the appolntment of a-receiver, and therefore prayed thiat it niiglt be referred to the Master to appoint one. Mlr. SUOmmN said he had no objection to g0 before thte fka4ter for that purpose, provided it were understood that Mr. Allen shovld not be appointed. Mlr. HART could not see upon what ground DI r. Allen should be excluded. Mr. SUGDEx replied that he (Allen) was the confidential friend of Mr. Ebers, and of courge it could not be expected that Mlr. Be- nelli would have that confidetice in hiim that he might place in an- other. He would further observe, that he had understood irom MIr. Hart, when the case was last mentioned, that Mbr. Allen wae not to be appointed. Mlr. HAstr denied having directly or indirectly admitted any such thing. He did not see why Mr. Allen being the friend of bMr. Ebers should make him an unfit person to be appointed receiver. The LouD CHeANcELLoR said he had nothing before him which cotuld induce him to exclude Mlr. Allen. Ule would allow the mat- ter to go before the Master ; and it would be for him to exercise his discretion as to whether he should appoint Mir. Allen or not. The matter was then ordered to be referred to the Mlaster. In the course of tle day Alr.HART again mentioned the subject,and begged that his lIordship would allow the matter to go before the AMaster of the vacation. Mlr. SUGDEN did not see that that was necessary. There were only two nights more for the theatre to continue open. The LORD CHANCELLTOR said he saw no objection to tle matter being left to the Master of the vacation ; but as it was objected to, he told MUr. Hart to put in affidayits of the necessity of that course. FREEM.$AN AND FAIRLY. Alr. SUGDEX applied to his Lordship foF an answer to the peti- tion of his client, for a further sum of money out of the funds in court, to eaable him to carry on a suit at comrmon law, for the pur- pose of asserting his claim as rightful heir to the whole. The plain- tiff and defendant are in humble circumstances in life. Each of them claims to be the true and rigitful heir to a person named Old- ham, who died in the East Indies, leaving property behind him ex- ceeding 100,0001. Deceased h,ad set out in life as a poor man, the son of a weaver. The plaintiff anid defendant had already obtained sttms of money out of the funds of the court, to enable thern to carry on tbeir suit, and one trial ha(d already taken place. The verdict in that case had beeni set aside, and an order had been made for a new trial. AMr. SUGDEX observed, titat his client, the defendant, had re- ceived only 2501. out of the funds in court, for the purpose of carry- ing on his suit, whiLst his opponeut had received no less a suin than 5,0001. The LoRD CIANCEL.LOR expressed his surprise at so large a sun, having been given from a fund, the proprietor of which he did not know. M r. SUG DEX said he had no doubt that, in the end, his client would turn out to be the real heir to the property. The l,ORD CIhANCELLOR said he could know nothing of that no.v; but it was a serious matter that so large a sum as between 5,0001. and 6e,0001. should have been already paid out of court. He would, hoever', look into the facts of the case, and m.ake an order accordingly. COURT OF CHANO,RRY. THiuRSDAY, AUG. S. OPElA.UHOUSE._ETIEns V. 3BENELLI.