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

Ryan v. Buckingham [1838] NSWSupC 55

land law, title - felony attaint - trespass to land, encroachment

Supreme Court of New South Wales

Burton J., 6 June 1838

Source: Sydney Herald, 7 June, 1838[ 1]

Ryan v. Buckingham. - This was an action of trespass. Mr. C. H. Gray leased a piece of land at the corner of Castlereagh and Park-streets to a person named Ryan; Ryan was afterwards convicted of felony, which Mr. Gray considered put an end to the agreement between them, and re-leased the land to Mr. Buckingham, who had possession of some adjoining tenements belonging to Mr. Gray.  Afterwards judgment was arrested in Ryan's case and he returned to the premises. Mr. Gray took Buckingham to Ryan and told him he was to be his landlord and Ryan agreed to pay him a weekly rent of five shillings. On part of the premises there was a hut, the materials of which and his interest in the ground on which it stood Ryan sold to Buckingham for £11 Buckingham pulled down the hut and erected a house, which occupied six feet in Castlereagh-street and two feet in Park street more that the hut did, and to recover compensation for this trespass the action was brought.  Verdict for the plaintiff; damages £5.

Counsel for the plaintiff Mr. Foster; for the defendant Mr. a'Beckett.

 

Notes

[ 1]See also Sydney Gazette, 9 June 1838.

Published by the Division of Law, Macquarie University