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![handle is hein.slavery/ssactsengr0693 and id is 1 raw text is: EX PARTE SCUDAMORE
strong fact, that for the course of the last six years he has not only discharged the duty
of minister of this chapel, which by the bye he was permitted to discharge, but in aid of
two clergymen he has very much to their satisfaction discharged their duty upon their
occasional absence, and discharged the painful part of it, in attending upon the sick,
&c., very much to the satisfaction of them and the parishioners. Under the circumstances
it would be too strong to pronounce, that, whatever they may have been, his conduct
and character are not now such, that I ought to concur with the wishes of the in-
habitants. I should find great difficulty in confirming the [85] election of Mr. Haydn.
Let the decree state the affidavits, and that in consequence of the affidavits in support
of his character and his conduct since in performance of the duty of the chapel of Willen-
hall, I declare him a person deserving the approbation of the trustees.
SCUDAMORE, Ex parte. March 23d, 1796.
[See Watson v. Duke of Wellington, 1830, 1 Russ. & My. 605.]
Security made by a debtor insolvent, his effects under execution, and not two months
before bankruptcy, upon a previous application of a creditor ignorant of those circum-
stances. The Lord Chancellor thought it valid ; but permitted the assignees to
bring an action.
The partnership between Shepherd and Williams, attornies, was dissolved at the
request of Williams on the 3d of November 1794. Shepherd was indebted to Haver-
field to the amount of £505, 15s. 8d. received by him for the use of Haverfield, to redeem
annuities granted by him ; which Shepherd falsely represented to have been done.
Haverfield hearing of the dissolution of partnership went about the 3d of November
to Williams to know, what steps he should take to recover or secure his debt. Williams
advised him not to proceed against Shepherd, but to endeavour to get some good security
from him, and suggested an assignment of Shepherd's share of the outstanding partner-
ship debts as the only means he knew of to secure the said debt: but Williams declined
to interfere in the business without the approbation of Shepherd. Upon this Haver-
field immediately went to Shepherd, and requested to have such assignment; which
Shepherd readily promised ; saying he would speak to Williams and get the assignment
executed and deliver it to Williams ; upon which promise Ilaverfield left London.
About the 25th of November, Williams received a message from the solicitor to Miss
Osborne, informing him, that Shepherd was indebted to her, and had assigned a mort-
gage as security, and had agreed for farther security to assign his share of the partner-
ship debts to her, and desiring to know, whether Williams -had any objection; who
in answer said, lie had no objection ; but he understood, Ilaverfield either had or was
to have the first security uppn the said share of the partnership debts. Upon the 29th
of November, Williams received from Miss Osborne's solicitor a letter of attorney from
Shepherd to Williams to receive all debts due to the partnership, in trust, in the first
place to pay Haverfield's debt, and then Miss Osborne's. In the beginning of December,
Williams sent [86] to inform Haverfield, that he had received from Shepherd a letter
of attorney to secure the payment of flaverfield's debt. The letter of attorney was
dated the 27th of November 1794. It recited the partnership between Shepherd and
Williams, the debt to Haverfield from Shepherd, £2200 due from him to Wood by
mortgage, bond and judgment, and £434, 12s. 5d. with interest, due to Miss Osborne
upon bond for money received by him to her use, and that Shepherd had directed
Tunstall to pay money due from him in discharge of Miss Osborne's debt, and that as
a farther security he proposed to empower Williams to collect the partnership debts,
in trust in the first place to pay Haverfield, next Miss Osborne, and to pay the surplus
to Shepherd : it then proceeded in the common form to constitute Williams attorney
for the said purpose. Upon the 6th of November an execution against the effects of
Shepherd for £2100 was executed, and remained in force till the 20th of December.
Upon searching the office it appeared, that on the 19th of December there were various
executions against him for great sums. In January 1795, a commission of bankruptcy
issued against him. The assignees under that commission presented this petition,
charging, that the trust for Haverfield was to give him a fraudulent preference, and
praying, that Williams might be ordered to pay to them the sum of £535, 14s. 9d.,
907
3 VES. JUN. 85.](ViewImageLocal?handle=hein.slavery/ssactsengr0693&div=1&collection=&method=preview&ext=.png&size=3)