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

Doe dem. Beeson and Weedon v. Best [1834] NSWSupC 99

ejectment, necessity for notice

Supreme Court of New South Wales

Forbes C.J., 29 September 1834

Source: Australian, 3 October 1834

Doe (on the dimise of Beeson and Weedon) v. Best. - This was an action of ejectment brought by the plaintiffs, as trustees for the sons of the defendant, to recover possession of two dwelling houses in Kent-street, Sydney.  On the part of the plaintiff, it was proved, that in the year 1826, the defendant executed a conveyance of the property in question to the plaintiffs in trust for his three sons, and that afterwards, shortly before Christmas, in the last year, he had resumed possession.

On the part of the defendant, it was contended, that the possession had been taken by him, with the consent of the plaintiffs, and no notice to quit having been given, or demand of possession been made by them, that they could not recover.

In reply to this, it was urged, that the defendant had disclaimed the title of the plaintiffs, from whom he had received possession, by threatening to shoot one of them if he came near to take the premises, which he said he would hold in spite of them, and that this declaimer rendered a demand of possession, or notice to quit wholly unnecessary.

The Chief Justice inclined to the same opinion, but left the case upon the evidence to the assessors, who returned a verdict for plaintiff.

Council for plaintiff, Foster and F. Stephen; for defendant, Carter, Wentworth, and Nichols.

Published by the Division of Law, Macquarie University