[trespass to land - land title, uncertainty]

Bilton v. Grant

Supreme Court of Van Diemen's Land

Pedder C.J., 17 July 1832

Source: Tasmanian, 20 July 1832

[ASSESSORS - J. BEAMONT, AND J. BELL, ESQRS.]

This was an action to recover damages for an alleged injury sustained by the defendants having trespassed on the plaintiff’s premises, and driven from them a flock of sheep, by which means a considerable number of the sheep were lost and injured. Counsel for the defendant, Mr. Gellibrand; for the defendant, Mr. Horne.

John Jones examined. - Is Mr. Bilton’s shepherd, and deposed that on the 2d of June he had charge of 296 sheep belonging to Mr. Bilton, and consisting principally of ewes; that in the afternoon of that day he was standing near a tree, and was between Mr. Grant’s land and the sheep; that he has since seen Mr. Darke trace the side line of his master’s grant; when he was standing by the tree, Mr. Grant came on horseback, and drove the sheep away; that he begged Mr. Grant to look over it, as Mr. Grant said the sheep had been feeding on his ground. Mr. Grant drove the sheep on to the road; Mr. Grant asked him to help him to drive them to the nearest pound; that he went to his master, and showed him where the sheep were taken from; went with his master to the pound at New Town, but did not find any sheep at the pound, nor did they find any of the sheep that night. He and another man were sent in search of the sheep the next day, and then found 218 in Mr. Fox’s ground; found 12 in the paddock they were taken from; the day after, 14 more came and joined him when near the 8 mile stone; three days after, found 2 dead in the bush; the ewes were heavy in lamb; there are 19 sheep lost, beside the 2 dead. The ewes lambed shortly after this - about 40 or 50 lambs died. The day after Mr. Grant drove the sheep we traced the marks of his horse, and boughs were put over the track, and pegs to secure the boughs.

Verdict for the plaintiff - Damages £30.