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[land law - promissory note - rum rebellion against Bligh]
Richard Rouse v. Samuel Garthside
Court of Civil Jurisdiction
Bent J.A.., 16 October 1810
Source: Court of Civil Jurisdiction Proceedings, 1788-1814, State
Records N.S.W, 5/1103-235
This was a Rule of Court obtained by the Plaintiff last court ordering
the defendant to show cause why he should why he detained from Plaintiff
14 acres of land, called Hughes's Farm, situated at Mulgrave Place,
in this Territory.
The Defendant now appeared and showed cause. It was admitted that
defendant in November 1808 bought a bullock from Plaintiff, for
which he gave his note promising to pay Plaintiff in February following
Ninety Bushels of Wheat. Defendant paid Twenty Bushels and Plaintiff
brought his action for the remainder and recovered [?] with £70
damages. To pay this an Execution issued against the Defendant and
under that his farm was sold to Plaintiff for 71 Guineas. Plaintiff
paid the Balance to the acting Provost Marshal, and the Judgement
was recovered in the time of Colonel Patterson. On the arrival of
Colonel Macquarie and among the rest the above Verdict was therefore
Null. Upon this the Defendant took possession of his Farm, and ousted
the Plaintiff thereof. While he was in possession, Plaintiff admits
having reaped the value of Ten Bushels of Wheat.
The Court upon a full hearing dismisses the Rule; and left the Plaintiff
to his Remedy on the Note.
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