LITMIR.BIZ

Скачать книгу

say they had not lightly taken up the affair; they had not "acted unadvisedly." They were fortified, first, by the opinion of Mr. Mortmain, an able and experienced conveyancer, who thus wound up an abstrusely learned opinion on the voluminous "case" which had been submitted to him:—

      "…Under all these circumstances, and assuming as above, I am decidedly of opinion that the title to the estates in question is at this moment not in their present possessor, (who represents the younger branch of the Dreddlington family,) but in the descendants of Stephen Dreddlington, through the female line; which brings us to Gabriel Tittlebat Titmouse. This person, however, seems not to have been at all aware of the existence of his rights, or he could hardly have been concerned in the pecuniary arrangements mentioned at fol. 33 of the case. Probably something may be heard of his heir by making careful inquiry in the neighborhood where he was last heard of, and issuing advertisements for his heir-at-law; care, of course, being taken not to be so specific in the terms of such advertisements as to attract the notice of A. B., (the party now in possession.) If such person should, by the means above suggested, be discovered, I advise proceedings to be commenced forthwith, under the advice of some gentleman of experience at the common-law bar.

"Mouldy Mortmain.

      "Lincoln's Inn, January 19, 18—."

      This was sufficiently gratifying to the "house;" but, to make assurance doubly sure, before embarking in so harassing and expensive an enterprise—one which lay a good deal, too, without the sphere of their practice, which as already mentioned, was chiefly in criminal law—the same case (without Mr. Mortmain's opinion) was laid before a young conveyancer, who, having much less business than Mr. Mortmain, would, it was thought, "look into the case fully," though receiving only one-third of the fee which had been paid to Mr. Mortmain. And Mr. Fussy Frankpledge—that was his name—did "look into the case fully;" and in doing so, turned over two-thirds of his little library;—and also gleaned—by note and verbally—the opinions upon the subject of some half-dozen of his "learned friends;" to say nothing of the magnificent air with which he indoctrinated his eager and confiding pupils upon the subject. At length his imp of a clerk bore the precious result of his master's labors to Saffron Hill, in the shape of an "opinion," three times as long as, and indescribably more difficult to understand than, the opinion of Mr. Mortmain; and which if it demonstrated anything beyond the prodigious cram which had been undergone by its writer for the purpose of producing it, demonstrated this—namely, that neither the party indicated by Mr. Mortmain, nor the one then actually in possession, had any more right to the estate than the aforesaid Mr. Frankpledge; but that the happy individual so entitled was some third person. Messrs. Quirk and Gammon, a good deal flustered hereat, hummed and hawed on perusing these contradictory opinions of counsel learned in the law; and the usual and proper result followed—i. e. a "consultation," which was to solder up all the differences between Mr. Mortmain and Mr. Frankpledge, or, at all events, strike out some light which might guide their clients on their adventurous way.

      Now, Mr. Mortmain had been Mr. Quirk's conveyancer (whenever such a functionary's services had been required) for about twenty years; and Quirk was ready to suffer death in defence of any opinion of Mr. Mortmain. Mr. Gammon swore by Frankpledge, who had been at school with him, and was a "rising man." Mortmain belonged to the old school—Frankpledge steered by the new lights. The former could point to some forty cases in the Law Reports, which had been ruled in conformity with his previously given opinion, and some twenty which had been overruled thereby; the latter gentleman, although he had been only five years in practice, had written an opinion which had led to a suit—which had ended in a difference of opinion between the Court of King's Bench and the Common Pleas; the credit of having done which was, however, some time afterward, a little bit tarnished by the decision of a Court of Error, without hearing the other side, against the opinion of Mr. Frankpledge. But–

      Mr. Frankpledge quoted so many cases, and went to the bottom of everything, and gave so much for his money—and was so civil!—

      Well, the consultation came off, at length, at Mr. Mortmain's chambers, at eight o'clock in the evening. A few minutes before that hour, Messrs. Quirk and Gammon were to be seen in the clerk's room, in civil conversation with that prim functionary, who explained to them that he did all Mr. Mortmain's drafting—pupils were so idle; that Mr. Mortmain did not score out much of what he (the aforesaid clerk) had drawn; that he noted up Mr. Mortmain's new cases for him in the reports, Mr. M. having so little time; and that the other day the Vice-Chancellor called on Mr. Mortmain—with several other matters of that sort, calculated to enhance the importance of Mr. Mortmain; who, as the clerk was asking Mr. Gammon, in a good-natured way, how long Mr. Frankpledge had been in practice, and where his chambers were—made his appearance, with a cheerful look and a bustling gait, having just walked down from his house in Queen's Square, with a comfortable bottle of old port on board. Shortly afterwards Mr. Frankpledge arrived, followed by his little clerk, bending beneath two bags of books, (unconscious bearer of as much law as had well-nigh split thousands of learned heads, and broken tens of thousands of hearts, in the making of, being destined to have a similar but far greater effect in the applying of,) and the consultation began.

      As Frankpledge entered, he could not help casting a sheep's eye towards a table that glistened with such an array of "papers," (a tasteful arrangement of Mr. Mortmain's clerk before every consultation;) and down sat the two conveyancers and the two attorneys. I devoutly wish I had time to describe the scene at length; but greater events are pressing upon me. The two conveyancers fenced with one another for some time very guardedly and good-humoredly: pleasant was it to observe the conscious condescension of Mortmain, the anxious energy and volubility of Frankpledge. When Mr. Mortmain said anything that seemed weighty or pointed, Quirk looked with an elated air, a quick triumphant glance, at Gammon; who, in his turn, whenever Mr. Frankpledge quoted an "old case" from Bendloe, Godbolt, or the Year Books, (which, having always piqued himself on his almost exclusive acquaintance with the modern cases, he made a point of doing,) gazed at Quirk with a smile of placid superiority. Mr. Frankpledge talked almost the whole time; Mr. Mortmain, immovable in the view of the case which he had taken in his "opinion," listened with an attentive, good-natured air, ruminating pleasantly the while upon the quality of the port he had been drinking, (the first of the bin which he had tasted,) and upon the decision which the Chancellor might come to on a case brought into court on his advice, and which had been argued that afternoon. At last Frankpledge unwittingly fell foul of a favorite crotchet of Mortmain's—and at it they went, hammer and tongs, for nearly twenty minutes, (it had nothing whatever to do with the case they were consulting upon.) In the end, Mortmain of course adhered to his points, and Frankpledge intrenched himself in his books; each slightly yielded to the views of the other on immaterial points, (or what would have appeared the use of the consultation?) but did that which both had resolved upon doing from the first, i. e. sticking to his original opinion. Both had talked an amazing deal of deep law, which had at least one effect, viz. it fairly drowned both Quirk and Gammon, who, as they went home, with not (it must be owned) the clearest perceptions in the world of what had been going on, (though, before going to the consultation, each had really known something about the case,) stood each stoutly by his conveyancer's opinion, each protesting that he had never been once misled—Quirk by Mortmain, or Gammon by Frankpledge—and each resolved to give his man more of the conveyancing business of the house than he had before. I grieve to add, that they parted that night with a trifle less of cordiality than had been their wont. In the morning, however, this little irritation had passed away; and they agreed, before giving up the case, to take the final opinion of Mr. Tresayle—the great Mr. Tresayle. He was, indeed, a wonderful conveyancer—a perfect miracle of real-property law-learning. He had had such an enormous practice for forty-five years, that for the last ten he had never put his nose out of chambers for pure want of time, and at last of inclination; and had been so conversant with Norman French and law Latin, in the old English letter, that he had almost entirely forgotten how to write the modern English character. His opinions made their appearance in three different kinds of handwriting. First, one that none but he and his old clerk could make out; secondly, one that none but he himself could read; and thirdly, one that neither he, nor his clerk, nor any one on earth, could decipher. The use of any one of these styles depended on—the difficulty of the case to be answered. If it were an easy one, the answer

Скачать книгу