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Decisions of the Superior Courts of New South Wales, 1788-1899

Richard Rouse v. Samuel Garthside [1810] NSWKR 9; [1810] NSWSupC 9

land law - promissory note - rum rebellion against Bligh

Court of Civil Jurisdiction
Bent J.A.., 16 October 1810
Source: Court of Civil Jurisdiction Proceedings, 1788-1814, State Records N.S.W, 5/1103-235

This was a Rule of Court obtained by the Plaintiff last court ordering the defendant to show cause why he should why he detained from Plaintiff 14 acres of land, called Hughes's Farm, situated at Mulgrave Place, in this Territory.
The Defendant now appeared and showed cause. It was admitted that defendant in November 1808 bought a bullock from Plaintiff, for which he gave his note promising to pay Plaintiff in February following Ninety Bushels of Wheat. Defendant paid Twenty Bushels and Plaintiff brought his action for the remainder and recovered [?] with £70 damages. To pay this an Execution issued against the Defendant and under that his farm was sold to Plaintiff for 71 Guineas. Plaintiff paid the Balance to the acting Provost Marshal, and the Judgement was recovered in the time of Colonel Patterson. On the arrival of Colonel Macquarie and among the rest the above Verdict was therefore Null. Upon this the Defendant took possession of his Farm, and ousted the Plaintiff thereof. While he was in possession, Plaintiff admits having reaped the value of Ten Bushels of Wheat.
The Court upon a full hearing dismisses the Rule; and left the Plaintiff to his Remedy on the Note.

Published by the Division of Law, Macquarie University