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![handle is hein.slavery/ssactsengr0300 and id is 1 raw text is: DENYSSEN V. BOTHA [1860]
abstained on that ground from appointing a manager and consignee. The case,
therefore, in this respect, seems stronger than either Scott v. Nisbett [14 Ves. 438],
or Scott v. Smith [Burge's Comm. vol. 3, p. 357].
The question whether the Court, at the instance of a consignee, would order the
balance due to him to be raised by sale or mortgage of the estate, when a sale or
mortgage is not required for any other purpose, does not in this case arise. The
rule that the lien exists as against the income of the estate, has been extended to the
case where a portion of the estate has been converted into money by the Legislature,
substituting for the slaves on the estate the compensation-money awarded in respect
of the compulsory emancipation.
[351] The same principle seems properly applicable to a case like the present,
where the incumnbrancers, by procuring a sale of the estate, have put a stop to the
profits on which the manager would have a lien. The trade, if that analogy be
adopted, has in effect been sold, and the proceeds of the sale are subject to the claims
of those who would have had a demand on the profits while it remained unsold.
On the whole, after a careful examination of the evidence, and a full considera-
tion of the case, their Lordships have come to the conclusion that Grant must be
considered to have been in the management of this estate on behalf of all parties
interested, and under the authority of the Court of Chancery; and that the proceeds
arising from the sale being now to be distributed according to the rights of the
several parties having claims upon it, the Appellant, as the executor of Grant, is
entitled to be paid what is due to him in respect of his management, in priority
to the claims of the persons having charges under the Will.
Their Lordships, therefore, are of opinion that the Order appealed from must
be reversed; that the amount due to Grant's estate for principal and interest
must be ascertained, and that the costs of the Appellant of making his claim, and of
this appeal, must be added to the amount, and paid out of the fund in Court, and
that the Respondents be allowed to add their costs to their security (costs to be
taxed if parties require it).
They will humbly report their opinion to Her Majesty accordingly.
[Mews' Dig. tit. COLONY, II. PARTICULAR COLONIEs, 22. West Indies, III. APPEALS
TO PlRVY CouNcIL, 6. Practice, n. Costs. S.C. 6 Jur. (N.S.) 327; 8 W.R. 376.]
[352] ON APPEAL FROM THE SUPREME COURT OF THE CAPE OF GOOD
HOPE.
ABRAHAM DENYSSEN (as Secretary to the South African association for the
administration and settlement of estates),-Appella nt; MARTHINUS CHRIS-
TOFFEL BOTHA,--Respondent * [Feb. 8, 1860].
B., resident in the Cape of Good Hope, being desirous of purchasing a piece of
land adjacent to a farm of his own, and not having money to complete the
purchase, applied to R., a notary and agent in the Colony, to act for him
and purchase the same. As the sale was to take place in Cape Town, R. wrote
to L. S., who resided there, to obtain a loan for B. for the purpose of the in-
tended purchase, and sent him a power of attorney, signed by B. in blank as
to the name of the agent, the sum to be borrowed, and the property to be
mortgaged as security for the contemplated loan. L. S. filled in the name
of himself and the name of B.'s estate, for a loan of £600, on mortgage of
B.'s estate. The South Ifrican Association required, a more distinct au-
thority from B., and, accordingly, B. executed another power of attorney
and appointment, authorizing R., with a power of substitution for another
Present :-The Right Hon. Lord Kingsdown, the Right Hon. The Lord Justice
Knight Bruce, the Right Hon. The Lord Justice Turner, and the Right Hon. Sir John
Taylor Coleridge.
XIII MOORE, 351](ViewImageLocal?handle=hein.slavery/ssactsengr0300&div=1&collection=&method=preview&ext=.png&size=3)