OF

CASES

HEARD AND DECIDED IN THE

HOUSE OF LORDS

ON

APPEALS AND WRITS OF ERROR,

AND

CLAIMS OF PEERAGE,

DURING THE SESSIONS

1837 & 1838.

By C. CLARK AND W. FINNELLY, EsQRS.

BARRISTERS AT LAW.

VOL. V.

LONDON:

V. AND R. STEVENS AND G. S. NORTON,
Law Booksellers & Publishers,

(Successors to J. and W. T. CLARKE,)

PORTUGAL STREET, AND BELL YARD, LINCOLN'S INN,
AND ANDREW MILLIKEN, DUBLIN.

1841.

BIBLIO

DURING THE PERIOD OF THESE REPORTS

Lord Chancellor :
LORD COTTENHA M.

Master of the Rolls:

LORD LANG DALE.

Vice Chancellor :

SIR LAUNCELOT SHADWELL.

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

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

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

Lord Chancellor of Ireland:

LORD PLUNKETT.

Lord President of the Court of Session:
CHARLES HOPE.

Law Officers of the Crown:

Attorney General:-SIR JOHN CAMPBELL.

Solicitor General:-SIR R. M. ROLFE.

Lord Advocate of Scotland:-J. A. MURRAY, Esq.

TABLE OF CASES

REPORTED.

VOL. V.

COLVIN V. HARTWELL (Trust Fund-Assignment— Mu-
tual Debts-Practice)
Don v. Lippmann (Bills of Exchange-Statute of Limi-
tations-Foreign Judgment)

Evans v. Hellier (Devise-Accumulation)

Galway v. Baker (Bill of Exceptions-Practice)
Garland v. Carlisle (Interest on Judgment)

Page.

484

1

114

- 157

354

Gray v. Forbes (Pleading-Practice---Competency of
Appeal)

Houlditch v. Wallace (Trust deed-Prior Charges-
Laches-Lis pendens)

356

Huntly Peerage (Evidence—Prayer of Petition) -
Miller v. Rowan (Bequests to Trustees and for Charitable
purposes-Costs)

Monteith v. M'Gavin (Municipal Elections—Practice) - 459
Morris v. Davies (Legitimacy-Evidence-Practice)
Scarisbrick v. Eccleston (Will-Shifting Clauses)
Shaw v. Lawless (Agent-Will-Words imperative or
recommendatory-Costs) -

Slane Peerage (Descent of a Title of Honour― Heirs
Male-Heirs General-Practice-- Evidence)

Taylor v. Hossack (Marriage Contract—Annuity)
Vaux Peerage (An ancient Barony, how created-Evi-
dence-Practice)

· 398

Viscount Lorton v. Earl of Kingston (Construction of Deeds-Trials and New Trials of Issues-Admissibility of Evidence)

Williams v. Kershaw (Bequests to Trustees at their discretion for Benevolent, Charitable and Religious purposes-Uncertainty)

Wright v. Tatham (Admissibility of Evidence)