of the judges who tried the same; whereas the Respondent had only prevailed in two trials, neither of them with the concurrence, and the last, which was conceived to be the foundation of the decree, contrary to the direction of the court. That it would be a precedent of very dangerous consequence to all families who enjoyed estates in tail under marriage settlement, which could only be barred by a fine or recovery, to be defeated by mere presumption, grounded on no fact and inference, deducted from very weak circumstances. That as the Respondent, Mr. Leighton, had no title at law, so neither had he a better claim in a court of equity, for the Appellant was a purchaser as well as he, and, under a settlement, made in consideration of marriage, and (at that time) a considerable portion paramount the respondent's title, and for a more valuable consideration. That Respondent was a purchaser, with notice of this settlement, as fully appeared by the purchase deed, in which there was a special agreement to levy a fine of the lands at the next grand sessions to be held for the county Montgomery. Besides, there was less reason for a court of equity to decree the estate to Respondent, Mr. Leighton, because the executrix of Sir Edward Leighton, was very well able to make him amends for the loss of it, and had actually done so. The dispute, therefore, in reality was between the heir in tail and the executrix, as was proved by the Respondent's own confession, he having declared that it was the concern of the executrix, and that he had done with it. That the instances where perpetual injunctions have been granted are very few, and those few instances have been where the title of the person, in whose favour such injunction is granted, has been confirmed by many repeated and unexceptionable verdicts, but there was no instance where a perpetual injunction had been granted against an heir in tail, who had supported his title in seven several ejectments, in favour of a person who had never been able to obtain one single verdict in the maintenance of his title, with the approbation of the court which tried the cause, and that by this perpetual injunction the Appellant would be deprived of the benefit of insisting upon any other title which he might have to the estate besides the settlement of 15 Henry VIII, which was the only title that he had ever yet insisted on, and which he thought and was advised to be sufficient, until it was avoided by proof of a fine or recovery. On the other side it was contended, in support of the decree, that the Respondent, William Leighton, was a purchaser, for a full and valuable consideration, that the premises had been settled by him on marriage, that his title, after a very long examination, had been established in the most solemn manner, that there had

been but one verdict against him since the commencement of the suit in Chancery, which had been set aside as being contrary to evidence, and that there were two concurrent verdicts in his favour on trials at bar, in two different courts, and by special juries of two different counties. After hearing counsel on this appeal, it was ordered and adjudged that the same should be dismissed and the decree complained of affirmed, with forty pounds costs.

THE DEVOLUTION OF THE MANOR OF BAUSLEY.

(Continued from supra page 100.)

William Leighton thus, by the decision of the highest court of appeal, gained a complete victory over his nephew Sir Edward Leighton, after unexampled litigation. He did not long survive his success, for he died in 1721, very soon after the final decision was given. He, however, appears to have lost no time in settling the property upon the five children of his brother, Sir Edward Leighton, by his second wife, whom he calls in his will "his nephews and heirs", overlooking his nephew Sir Edward Leighton, the second baronet, who, in fact, was his heir-at-law, to whom, however, he bequeathed the significant legacy of "twelve pence”. The following is a copy of his Will:

In the name of God Amen I William Leighton of the town of Shrewsbury in the county of Salop Esq. make this my last will and testament in manner and form following.

Whereas by indentures of lease and release bearing date respectively the day of last past before the date of these presents the release being Tripartite and made between me of the first part Francis Leighton Gerrard Leighton Daniel Leighton Jane and Anne Leighton children of Sir Edward Leighton and Dame Jane Leighton his second wife my nephews and heirs of the second part and Daniell Nicholls and John Hill of the third part I have settled my mannor of Bausley alias Bawseley in the county of Montgomery and all other my mannors lands tenements and hereditaments in the said counties of Montgomery and Salop on myself for life with remainder to my nephew the said Francis Leighton for life remainder to his first and other sons in tail male remainder to my nephew the said Gerrard Leighton for life remainder to his first and other sons in tail male remainder to my said nephew Daniel Leighton for life remainder to his first and other sons in tail male remainder to my nieces Jane and Anne Leighton and their heirs. Now I do hereby confirm the said settlement and to avoid all doubts which may arise on the said settlement and to prevent all lawsuits and disputes which may arise in the said settlement touching the validity of the same I hereby give and devise all my mannors lands tenements and hereditaments whatsoever and wheresoever to my said nephew Francis Leigh

ton for and during the term of his natural life without impeachment for waste and from and after his decease to his first and other sons in tail male successively and for want of such issue to my said nephew Gerrard Leighton for and during the term of his natural life without impeachment of waste and from and after his decease to his first and other sons in tail male successively and for want of such issue to my said nephew Daniel Leighton for and during the term of his natural life without impeachment of waste and from and after his decease to his first and other sons in tail male successively and for want of such issue to my said nieces Jane Leighton now wife of Sir Charles Lloyd Bart. and Anne Leighton their heirs and assigns for ever and to no other use interest or purpose whatsoever or otherwise howsoever. Item I give to Sir Edward Leighton and my brother Richard Leighton twelve pence a piece. Item I will that all my just debts and funerall expences be paid. Item I give and devise to my friend Mr. Henry Jenks of Shrewsbury twenty guineas. Item I give and devise to Mrs. Elizabeth Hill spinster who now lives with me the sum of 300 guineas. Item I give and devise to Mr. Francis Baldwin of Shrewsbury mercer fifty pounds. Item I give and devise to my niece Mary the wife of Thomas Adlington of the city of Bristol plummer one hundred pounds. Item I give the sum of twenty guineas to be paid by my executors hereafter named to and among the poor housekeepers in the parish of St. Chads in Shrewsbury to each half a crown a piece. Item I give to the poor of the parishes of Alberbury and Harston the sum of 10 gs. and I will that the several legacies above mentioned be paid out of my personal estate and out of the arrears of rent due and owing to me or which shall grow due from my several tenants in the mannor of Bausley in the said county of Montgomery or from Sir Edward Leighton Bart. who by a decree of the High Court of Chancery lately obtained is decreed to account with and pay the said arrears due to me and also from the arrears due to me from a tenement near Stretton in the county of Salop called the Hollyes and as to all the rest and residue of my personal estate arrears of rent and debts whatsoever I give and devise the same to the said Elizabeth Hill spinster and I hereby revoke all former and other wills by me made and of this my last will and testament I do appoint the said Elizabeth Hill spinster sole executrix. In witness whereof to this my last will and testament I have set my hand and seal this 21st day of August in the eighth year of the reign of our sovereign lord George by the grace of God of Great Brittain King defender of the faith et anno Domini 1721.

"The mark of

WILLIAM III LEIGHTON.

The nephews, Francis Leighton and Gerard Leighton, died without male issue; the manor, therefore, descended to the third nephew, Daniel Leighton, and his male issue.

Daniel Leighton, Lieutenant-Colonel in General Evans' regiment of horse, and afterwards LieutenantGeneral in the army, married Jane, daughter of Nathaniel Thorold, Esq., who was bedchamber woman to the Princess of Wales, and died 1765, leaving a son and successor,

Herbert Leighton, Captain in the army, and gentleman usher to Frederick, Prince of Wales (father of George III), and page to the Princess Dowager of Wales. He married Harriet, daughter of Henry Wilson, Esq., of Howelthorpe in Norfolk, by Elizabeth, eldest daughter and coheir of John Knyvett, Esq., and died 1772, leaving a son,

Francis, in holy orders. He was a well known antiquarian, and left large collections towards a History of Shropshire. He married Miss Clare, sister and coheir of John-Boynton Adams, of Canblesworth, co. York, and died 1813, leaving an only child,

Francis-Knyvett Leighton, Esq., Lieutenant-Colonel of the Shropshire Militia, Mayor of Shrewsbury in 1834, who married Louisa Ann, daughter of Viscount Doneraile, and died in 1834, leaving one son,

Francis-Knyvett Leighton, D.D., formerly fellow, now warden, of All Souls' College, Oxford, and Canon of Westminster, of Bausley or Ballesley, Co. Montgomery, who married Catherine, daughter of the Hon. and Rev. James St. Leger, third son of St. Leger, first Viscount Doneraile, and has a surviving son, Charles Arthur Baldwin Knyvett Leighton, born 9 November, 1854, Lieutenant in the 23rd regiment of Welsh Fusiliers.

The Rev. Dr. Leighton is the present Lord of the manor of Bausley, which has descended to him, as before shewn, from the Doomsday tenant, Robert Corbet.