Between The King of Spain, Don Francisco Tacon, and Don Mateo De La Serna, Plaintiffs, and Don Justo De Machado and Others, Defendants
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1827 |
| Date | 01 January 1827 |
| Court | High Court of Chancery |
English Reports Citation: 38 E.R. 790
HIGH COURT OF CHANCERY
S. C. 1 Dow & Cl. 169; 2 Bli. N. S. 31. See King of Spain v. Hullett (with note), 1830, 1 Russ. & My. 9, n.; Goodwin v. Robarts, 1876, 1 App. Cas. 496.
790 spain (king of) v. mauhado 4Russ. 225. [225] Between The kino of spain, Don francisco tacon, and Don mateo de la serna, Plaintiffs, and Don jitsto de machado and others, Defendants. .Tun?, De.r.. 17, 2-2, 1827. [S. C. 1 Dow & 01. 109 ; 2 Bli. N. S. 31. See King of Spain v. Hullett (with noto), 1830, 1 Russ. & My. 9, n. ; Goodwin v. Bobarts, 1876, 1 App. Cas 496.] If, of several Plaintiffs, some have an interest in the matter of the suit, and others have no interest in it, but are merely the agents of their Co-plaintift's, a general demurrer to the whole bill is a good defence. An instrument, executed by foreigners in a foreign country, must, on a demurrer, be construed according to the obvious import of its terms, unless there are allegations in the bill that, according to the law of the country in which it was executed, the true construction of it is different. The bill was filed by the King of Spain and two persons of the name of Tacon and De la, Serna, described as residing in London. After setting forth certain stipulations of treaties, by which France became bound to transfer a specified amount of French rentes to such person as the King of Spain should appoint, for the purpose of being applied to the satisfaction of debts due from France to individual Spanish subjects, it stated that the French government, in pursuance of those treaties, had inscribed a considerable amount of rentes in the name of Machado, as the agent nominated by [226] the King of Spain and that, upon the breaking out of a civil war in Spain, Machado sold the rentes, and went with the money to England, where he had deposited part of it in the hands of Messrs. Hullett, Brothers, and Co. The prayer was, that an account might be taken of the money so deposited with Hullett, Brothers, and Co., and that it might be paid into Court or to Tacon and De la Serna. To connect Tacon and De la Serna with the suitf the bill stated, that the King of Spain had appointed two boards-one, the board of examination and liquidation, and the other the board of appeal-who were to adjudicate on the rights of persons claiming to be entitled, under the treaties, to a share of the monies furnished by France ; and then it set forth a document, dated on the llth of July 1825, and alleged to be duly executed according to the formalities required by the law of Spain. By this instrument, the president and members of the board of examination and liquidation, after reciting a decree of his Catholic Majesty, dated on the 4th of July 1825, by which he directed the board to give such powers and instructions as were thereinafter contained, " did, by virtue thereof, and of the ample powers and authorities possessed by the said board for performing and executing all matters and things annexed to its commission, with the incidents thereof, and for recovering and securing at its disposition, as the representative of the creditors, the funds assigned to them by the said treaties, give and grant full power and authority, and without any limitation, general and special, so far as by law might be requisite and necessary, unto Don Francisco Tacon and Don Mateo de la Serna, as such commissioners as aforesaid, jointly and severally, for and in the name of the said royal board, and representing its rights and actions, and those of the president and members thereof, as the represent-[227]"a';ives of the general body of the creditors whereof the liquidation is confided to them, &c., to ask, demand, recover, and receive all and every such funds belonging to the claimants as should or might be in the kingdom of England, in the hands, custody, or possession of the government thereof, corporations, establishments, public or private companies, or other persons, &c., but more especially those then being, or which ought to be, in the hands, custody, or possession of Don Justo Jose de Machado, belonging to the said creditors by virtue of the treaties-each of them the said Tacon and De la Serna proceeding, in respect of the said claims, conformably to such instructions as should be communicated to them by the said royal board ; and, on recovery of the funds under and by virtue of such claims, to deposit the same in the Bank of England, to be at the disposal of the board as the representative of the said creditors, and in order to the payment of their claims ; and for all sums by them so recovered and received, to give and grant all necessary receipts, releases, &c. : and they did thereby further authorise and empower the said attornies and commissioners, if need or occasion should be, 4HUSS. 228. SPAIN (KINO OF) 1'. MACHADO 791 to resort to and have recourse to judicial measures according to the laws of this country, by appearing either personally or through the medium of one or more attorney or attornies, whom they were at liberty to nominate, substitute, and support, as often as occasion should require, before all competent judges and tribunals, both supreme and subordinate, so that, in respect of the premises, and every matter and thing thereunto belonging, the said commissioners, Don Francisco Tacon and Don Mateo de la Serna, were thereby invested with full power and authorities, and the moat ample, absolute, and unqualified administration and exoneration ; and also with full power and authority to swear, appeal, petition, and do and perform all other necessary acts, matters, and things." [228] June 1827. To this bill the Defendants, who were within the jurisdiction, filed a general demurrer for want of equity. Mr. Heald, Mr. Pepys, and Mr. J. Russell, for the demurrer. Sir Charles Wetherell, Mr. Shadwell, and Mr. Wheatley, for the bill. In support of the demurrer it was alleged, that none of the Plaintiffs had such an interest as entitled them to sue in a court of equity for the monies in question ; that the King of Spain, being a foreign absolute sovereign, was not capable of maintaining a suit in a court of equity here, or at least he was not capable of maintaining a suit for the enforcement of alleged rights, belonging to him only in his...
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