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

Quin v. Doyle [1812] NSWKR 9; [1812] NSWSupC 9

land law - assignment of property - will

Court of Civil Jurisdiction
Bent J.A.., 23 April 1812
Source: Court of Civil Jurisdiction Proceedings, 1788-1814, State Records N.S.W, 5/1107 (case no. 185)

Edward Quin of Sydney                         Plaintiff

and

Andrew Doyle                                       Defendant

 

Writ against the defendant to answer Plaintiff of plea wherefore he hath entered upon and occupied and still doth occupy 30 Acres of Land more or less situate at Mulgrove Place &c &c &c he the   said Edward being the lawful owner thereof.

The defendant appears and defends the Action_.

The Plaintiff exhibits a written statement of his case which is read_.

It is admitted that the original grant of 120 acres of Land to Bartholomew Morley by Governor King is lost_.

It is admitted also that by assignment endorsed on this grant, supposed to have been made in October 1806, Morley conveyed 30 acres of this farm to James Connelly, 30 acres thereof to James Vincent _ the remainder by a prior assignment to the defendant_ It is also admitted that the two parcels of land conveyed as above two J. Connelly and J. Vincent were conveyed to Margaret Rafferty_.

By the will of the said Margaret Rafferty deced dated 3 rd   June 1809 produced & read the said Margaret Rafferty devised as follows viz t _.   After other services to Charles Bryan _

"Likewise a farm situate at Hawkesbury of 30 Acres adjoining to William Flynn"

(This is the farm claim by the Plaintiff)

The other farm of 30 acres devised in the same will to Sally Evans_ still an infant not 12 years old_.

The Plaintiff now produces and houses a conveyance   of the said farm of 30 Acres (devised by the said Margaret Rafferty to Charles Bryan) dated the 14 th day of Feb 1812, duly executed by the said Charles Bryan, to Edward Lewin the Plaintiff_.

Mr James Meachan  

Acting Surveyor

General sworn says:    Sixty acres of the farm called Morley's farm is bad_.   This is the south end of the farm.   I believe it was the South end of the farm that was coming to Doyle_ I have seen the Grant last June _ In the transfer of the sixty acres granted to Doyle the words "half brush half forest" were entertained [?] _ The forest land is all bad. There was an endorsement of a conveyance   to Vincent of 30 Acres written by Doyle & worshipped by himself and son_.   When I saw it, this was all cancelled by lines drawn across_.   I has seen the copy of this endorsement which was in Margaret Rafferty's possession & another of Connelly's [?] also with her.   These farms there   described as adjoining Flynn's farm. Flynn's farm is the nearest farm to the north end of Morley's farm, and this end was divided into two 30 acre farms conveyed by Morley to Connelly & Vincent and by them I believe to Margaret Rafferty _   I have seen the conveyancers to her_. From what I know I have seen   I believe the sixty   acres at the north end of Morley's farm were Margaret Rafferty's.

James Vincent

sworn says : I recollect purchasing 30 acres of land at Mulgrave Place from Morley _. Before that I went down with Doyle & Morley to give Doyle possession of 60 acres of land and Mulgrave Place which he had purchased from Morley_.   Upon the whole 120 acres of land they were not more than forty good_. He was to have 30 acres of good land and 30 acres of bad land_

It is now agreed upon between the Parties that no further proceedings shall be had in this cause_. The defendant Andrew Doyle undertaking to purchase all the claim of the plaintiff on the land in question or on any part thereof for the sum of ¿50 _ and the Plaintiff appearing to surrender & release all such claim to the defendant in the said sum of ¿50 __ _ .

Published by the Division of Law, Macquarie University