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![handle is hein.slavery/ssactsengr0194 and id is 1 raw text is: STEELE V. MURPHY [1841]
Crown, and they drew up a memorial of instructions to the Lieutenant-Governor,
and we think that the form there used must be adopted in this Petition: the Order
therefore will be in the same form.
On the 20th of June 1841, Her Majesty, by an order in Council directed to the
Governor, Lieutenant-Governor, President, and Court of Civil Justice of the Colony
of British Guiana, after reciting the above petition and proceedings thereon, was
pleased to grant the prayer of the aforesaid Petition, and to charge and command
the authorities aforesaid to cite the parties or their attornies to appear before the
said Court of Civil Justice, and afford unto the Petitioner in that in which he sought
by his said Petition all such judicial remedy, and if necessary, grace and favour
as the subject matter might require, and in equity and good conscience might
alppear to appertain and belong. For which purpose Her Majesty in Council was
pleased to give and grant unto the authorities aforesaid, full power, authority, and
command. Provided that the said Petitioner presented those letters to the aforesaid
Court of Civil Justice, etc., and requested compensation thereof at the next session
of the said Court, to be holden after the receipt thereof, in the said Colony, and
further to proceed therein according to Law.
[See In re Butts, 1841, 4 Moo. P.C. 92.]
[445] ON APPEAL FROM THE COURT OF CHANCERY OF THE
ISLAND OF JAMAICA.
RICHARD STEELE,-Appellant; SAMUEL MURPHY,-Respondent *
[June 25, 1841].
Supplies advanced for a plantation, in Jamaica, by a Factor of the Attorney and
agent of the plantation, is not sufficient to constitute a privity between the
creditor and the owner of the estate.
A Deed entered into by the owner of an estate with trustees for the payment of
certain creditors therein enumerated, but who are no parties thereto, is
voluntary, and as it may be revoked at any time, creates no lien on the estate
of the debtor in favour of the creditors named therein.
This was an Appeal from a Decree of the Court of Chancery of Jamaica, made in
a cause wherein John Pennock, since deceased, in his capacity of executor of George
Kinghorn, was the complainant, and the Appellant, John Steele, and others, were
Defendants.
The complainant sought by his Bill to recover the amount of a balance which
had become due to his testator, George Kinghorn, as the factor for certain plantations
and estates in the Island, which formerly belonged to one William Paterson, deceased.
The object of the Bill was to have it declared, by the Decree of the Court, that the
balance was a lien upon the plantations and estates, in respect of which the same
had become due to George Kinghorn, and to have it also decreed that the complainant,
as the personal representative of George Kinghorn, was further entitled, for recover-
ing payment of such balance, to the benefit of an indenture of the 7th of April 1819.
The Appellant was one of the creditors of the estate, [446] and assignee of a
mortgage thereon, of prior date to the Respondent's claim.
The Bill stated, inter alia, a power of attorney, dated the 9th of February 1816,
executed by all the parties who at the time had estates in the several plantations, to
one William Tait, authorizing him to enter upon and take possession of the planta-
tions, late the estates of William Paterson, deceased, and to take upon himself the
above date, the form of which was the same as that adopted in the case above
reported.
* Present: Lord Brougham, Mr. Justice Erskine, Sir Herbert Jenner, and the
Right Hon Dr. Lushington.
III MOORE, 445](ViewImageLocal?handle=hein.slavery/ssactsengr0194&div=1&collection=&method=preview&ext=.png&size=3)