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1 paragraphs · 80 words
Macnaghten, J. 1. Their Lordships think the decree appealed from cannot be sustained. They are of opinion that the proper course will be to remit the case to the High Court to be dealt with on the evidence, and they will humbly advise His Majesty accordingly. The costs of the further hearing will be costs in the cause. As the appellants have been successful upon the point of law, they will have their costs of the appeal incurred in England.