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

Doe dem. Jones v. Macdougall [1839] NSWSupC 44

land law, title - Hunter River

Supreme Court of New South Wales

Willis J., 2 and 3 July 1839

Source: Australian, 9 July 1839 [1]

TUESDAY. -- Before Mr Justice Willis and a Special Jury.

Doe dem Jones v. Macdougall. -- This was an action to recover possession of one hundred and twelve acres of Land on Hunter's River.  The plaintiff holds the Bolwarra estate, and the defendant an adjoining one, and the real question was, the boundary line between these estates.  The grants to the parties are both dated on the same day.  Mr Jones claimed, that a line from a particular bend in the river should be considered as his boundary, which would give him the exact quantity of land contained in his grant: but if a line of trees marked by the surveyor was considered the boundary, then Mr Jones would be minus one hundred and twelve acres.  It was proved that when the land was originally surveyed, the trees were marked about eight chains from the place where Mr Jones has put up his fence, and it was contended that Mr Jones should have gone to the northward to take the required quantity, but now he is bound in one the north as well as the south.  Mr Armstrong, a private surveyor, proved that according to the description set forth in the grant, the boundary is to the southward of the marked trees.  It was proved that the parties from whom Mr Jones purchased, were in possession a considerable time before Macdougall.  The Judge left it for the Jury to say whether the marked trees were the boundary or not.  Verdict for the plaintiff.

Counsel for the plaintiff, Messrs Windeyer and Broadhurst; for the defendant, the Attoney-General and Mr a'Becket.  (The case lasted the whole of Tuesday and Wednesday.)

 

Notes

[1] See also Sydney Herald, 8 July 1839; and see Doe dem. Johnston v. Simpson, Australian, 9 July 1839; Sydney Gazette, 9 July 1839.

Published by the Division of Law, Macquarie University