"From the affidavits filed in answer to the rule, it appeared that,
shortly after the termination of the late important case of _Doe
dem. Titmouse_ v. _Jolter_, (in which, it will be recollected, the
lessor of the plaintiff succeeded in establishing his right to very
large estates in Yorkshire,) Mr. Gammon had been very active in
endeavoring to effect an amicable arrangement concerning the mesne
profits; and, after great exertions, had persuaded his client Mr.
Titmouse to enter into an arrangement highly advantageous to Mr.
Aubrey--who was to be released, (as we understood,) from no less a
sum than Sixty Thousand Pounds, due in respect of the mesne
profits, on giving the two promissory notes which were the subject
of the present application. It further appeared, that on obtaining
Mr. Aubrey's signature to these promissory notes, Mr. Gammon had
explicitly and repeatedly assured him that he need be under no
apprehension of being called on for payment for several years; but
that the notes should remain in the hands of Mr. Gammon, and should
not be put in suit till after a twelvemonth's notice should have
been given to Mr. Aubrey. It did not distinctly appear whether Mr.
Titmouse was ever made aware of this understanding between Mr.
Gammon and Mr. Aubrey--at all events, nothing had ever passed in
writing upon the subject. Mr. Gammon, on the contrary, frankly
admitted it to be _possible_ that Mr. Titmouse might have been
under the impression, while surrendering so great a claim against
Mr. Aubrey, that the sum secured by the two promissory notes was to
have been before this time liquidated. There was no affidavit made
on the subject by Mr. Aubrey. It also appeared that Mr. Titmouse
had not hitherto received any portion of the large amount, £20,000,
yet due in respect of the mesne profits. The affidavits read by
the Attorny-General set forth a correspondence which had taken
place between Mr. Titmouse's solicitor and Mr. Gammon, in which the
latter insisted, in the most strenuous terms, upon the _honorable_
engagement under which he conceived himself to be to Mr. Aubrey,
and solemnly declared his belief that Mr. Aubrey was under a
similar impression; at the same time, there were expressions in Mr.
Gammon's letters, from which it was plain that he was aware of the
right, in point of strict law, of Mr. Titmouse, to the documents in
question. It also appeared from the affidavits of Mr. Titmouse, and
was not denied by those of Mr. Gammon, that the former had
repeatedly urged the latter to deliver up the notes, or commence
proceedings against Mr. Aubrey--but that Mr. Gammon had, on all
such occasions previous to the present one, succeeded in dissuading
him from his purpose. It had, moreover, been alleged on behalf of
Mr. Titmouse, that Mr.
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