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

Smithers v Hodghen [1831] NSWSupC 70

conveyancing - felony attaint

Supreme Court of New South Wales

Dowling J., 26 October 1831

Source: Sydney Herald, 31 October 1831

Wednesday, October 26. - Before Judge Dowling, and Messrs Nicholson and Ross, Assessors.

Smithers v. Hodghen. - This was an action of assumpsit to recover the sum of 22l. currency, which had been paid by plaintiff to defendant, in consideration of his conveying over to him one hundred acres of land granted by Sir Thomas Brisbane; before this was completed, plaintiff was transported to Norfolk Island, and defendant refused to complete the contract with his agent.  The defence set up was, that plaintiff had not used all the means in his power to obtain the conveyance. - Verdict for plaintiff, 17l. sterling.

Published by the Division of Law, Macquarie University