The case of the Duke of Newcastle came again before Mr. Justice WILLES
on Friday. A rule had been obtained at sidebar to remove the executions now
lodged in the Duke's mansion in Carleton House Terrace, on the grounds that the
goods distrained upon have been seized and sold. The sheriff of Middlesex now
applied to the Judge to annual that rule, on the ground that of the two
claims on which the executions were issued one was insufficiently satisfied, and
the other was not satisfied at all.
Mr. PADWICK's claim, it was stated, was for £95,000, and only about
£9,000 has been realised. Mr. Justice WILLES said he could well understand that
it was wished to get the man in possession out of the mansion, but the law
was clear on the subject; the sheriff had a right to remain in possession until
the claim was satisfied, and he, therefore, dismissed the side bar rule.
His Lordship, however, intimated that the question might be raised
again in another form.