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

Bushel v. Rose [1827] NSWSupC 40

trespass to land, land law, title

Supreme Court of New South Wales

Trial, 14 June 1827

Source: Australian, 15 June 1827

This was an action brought for a trespass.  The parties in this case, two very old settlers at Wilberforce, were the proprietors of lands, which adjoined each other; and it having being resolved by the defendant, to erect a fence at where he considered his boundary mark, he was interrupted by plaintiff, who also laid claim to the same portion of land, and many acres beyond it.  The defendant however, kept possession of the ground, and the plaintiff thereupon brought the present action.

A number of very old inhabitants of the Colony were called as witnesses, to prove the boundary marks between the plaintiff and defendant's land.  One of the witnesses was an old man named Ruse, who in the course of evidence said, he was the first British subject who landed in New Holland, when Governor Hunter, whom he carried from the ship to the shore, came to it.

The Court gave a verdict for the defendant.

Published by the Division of Law, Macquarie University