authorities than the others; and then the court said they would take a
day or two's time to consider; "less on account," said Lord Widdrington,
"of the difficulty of the case, than the magnitude of the interests
which would probably be affected by their decision."
"You have them dead with you, Subtle," whispered the Attorney-General, a
slight expression of chagrin stealing over his features, as he heard the
observation of Lord Widdrington.
"I never doubted it," replied Mr. Subtle, with a confident air. Every
day afterwards, from the sitting to the rising of the court, did the
anxious Aubrey attend in the King's Bench, to hear the judgment of the
court delivered. At length arrived the last day of the term. Soon after
the sitting of the court, Lord Widdrington pronounced judgment in two or
three cases; but not seeing the Attorney-General (who was engaged before
the House of Lords) in his place, delayed giving judgment in the case of
"_Doe_ v. _Jolter_." About two o'clock he made his appearance; and
shortly afterwards, Lord Widdrington, after disposing of the matter then
before the court, said--"There was a case of Doe on the demise of
Titmouse against Jolter, in which, early in the term, a rule was
obtained by the Attorney-General, calling upon the lessor of the
plaintiff to show cause why"--and he proceeded to state the rule, and
then to deliver the written unanimous judgment of the court. A clear
statement of the facts out of which the questions submitted to the court
had arisen, and of those questions themselves, was listened to by Mr.
Aubrey in breathless suspense, before he could obtain the faintest
intimation of the judgment which the court was about to pronounce. Lord
Widdrington went on to dispose, one by one, with painful deliberation
and precision, of the several points presented for the decision of the
court. One or two were decided in favor of the defendant; but his
Lordship added, that it had become unnecessary to do so, in consequence
of the answers given by the witnesses to subsequent questions at the
trial, and which disposed of the doubts arising on the former ones. The
documentary evidence, subsequently put in, got rid of another difficulty
in the early part of the plaintiff's case, and rendered immaterial a
question put by the plaintiff's counsel, and strenuously objected to on
the part of the defendant, and which the court was of opinion, as had
been Lord Widdrington at the trial, ought not to have been allowed.
Then, as to the ADVERSE POSSESSION, on which very great stress had been
laid by the defendant's counsel, the court was of opinion that none
existed; since there had been a _disability_--indeed, a series of
disabilities,[5]--through infancy, coverture, and absence beyond seas,
of the various parties through whom the lessor of the plaintiff claimed.
Finally, as to the question concerning the ERASURE, the court was of
opinion, that the deed in which it occurred had been properly rejected;
Public-domain text, read in full here on John Shaqi.
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