The Express.
London, England, 1855-07-26 00:00:00

ASSIZE IN2ELLIGBNCE.

HOME ClRCUlT.—lawzs, JULY 25.
CM 11941.-31POLII MI. IUI! COZIIIITILL MD • 00111.111 M /1/IT.
IZA112(11 O. MINIM.

This was an action of ejectment to recover possession of a
copyhold cottage at Hardingly, in this musty.
Mr. Creasy appeared for the plaintiff; aad Mr. Malcolm
for the defendant. •
The circumstances of this case were rather peculiar. It
appeared that the family of the defendant had occupied the
cottage in question for a great many years; and the case on
the part of the plaintiff, who is an attorney residing in Lon-
don, was that they so occupied is the tenants of a gentleman
named Bryant, to whom the college belonged, and that he
had purchased the cottage of that gentleman in 1840 for the
sum of 1001. Charles Js , the lather of the present de-
fondant, was, it appeared, tried at these amines in 1837 for a
capital offence, and was sentenced to he transported for life,
and according to the evidence of Mr. Kearns, in the year
1840, at the period he made the parches, end Mr.
Bryant went to the cottage and saw the defendant', mother,
and Mr. Bryant having alluded to the arrears of rent that
were due, asked her what she intended to do with
reference to the payment of them, sad upon her saying that
sines her husband had left the country she had been in great
distress, he told her that if she would give up possession
of the cottage to Mr. Hearne, to whom he had sold it, he
would forgive her the rant that was due. She inquired
, how she was to give up polonium and Mr. Bryant told her
that she must go outside the cottage and give him the key,'
and he would band it to Mr. Kearns and that would be se-
, ficient, and he also .aid he had no doubt that in considere-
d= of her distressed state Mr. Kearns would allow her to
/amain in the cottage. The ceremony of delivering up the
key was then represented to have taken place, and from this
period down to the year 1852, when the old woman died,
Mr. Hearne, it appeared, made no claim for rent, and he
alleged that he did this purely from a feeling of compassion
for the miserable condition of the family. After the death
of the old woman, however, he became desirous to make
some use of the land on which the cottage stood, and he
applied to the defendant to remove from the pottage. Re
however refused to do so, and asserted that it was his father's
property, and the present action was accordingly brought
to decide the title. The court rolls were
_produced,
aad they showed that both Mr. Bryant and Mr. Kearns had
been regularly admitted as owners of the property, and the
name of Charles hewer did not in any way appear spot
them in that capacity. It appeared that Mr. Bryant had
died since the transaction relating to the sale, end the only
'lridium, therefore, relating to what took place in 1840,
when Mrs. Jennie was represented to hato admitted that,
she was only in possession of the cottage as the tenant of
Mr. Bryant, rested upon the testimony of the plaintiff
Mr. Malcolm, in his address to the jury on behalf of the
defendant, said, that although from the irregular nature of
the transaction, and the omission of the customary forms
required upon the disposal of copyhold property, he should
be usable to rely upon the fact that the cottage in question
had actually been purchased by the father of the defendant
of Mr. Bryant for 1001., yet he should be in a position to
call in aid the provision, of a recent statute, which enacted
that twenty years' undisturbed possession of say property
without payment of rent should be sufficient to establish
a title, and if the jury thought this had been made out, they
would be justified is returning' verdict foe the defendsat. It
appeased to be perfectly clear, even from the evidence of
the plaintiff, that no rent had been paid for a great num-
ber of year' ; and the only tut to show that I was a
tenant of Mr. Bryant was the conversation that took place,
according to the evidence of Mr. Kearns, in 1840, when the
key was delivered up. It appeared to him that, according
to their own showing, the transaction in question was &moat
entraordinary one; and he thought the jury would epee
with him that it was clear the poor old woman did not at
all understand the effect of what she did, and that she had
not the slightest Ides that the was alienating the property of
her family by handing the key to Mr. Bryant.
Evidence was thee adduced, the effect of which was to
show that, so far back as 1835, Mr. Bryant had stated at
one of the manor courts that he had sold the cottage in
question to the elder Jenne, for 1001., and that he had had
801. on account of the purchase • and it was also stated that
a sum of 301. wee paid in the first instance ; and one witness
swore that he paid Mr. Bryant two sums of 101. each about
the time on behalf of 'saner. It was also proved that the
family of leaner had been in posessice of the cottage la
question for more than thirty years, sad there was no evi-
dence of any rent having been paid during any portion of
that period.
The learned Judge having summed up, the jury, after •
short deliberation, returned a verdict for the defendant.

Adonis lirsifsi, 26, a Frenehmsn, was convicted of
breaking and entering two dwelling-houses, and stealing
various articles of wearing apparel.
Mr. Johnson conducted the prosecution.
It appeared that the prisoner was seen wandering about
the neighbourhood of Petworth on the morning of the 6th
of May, and was taxon into custody by one of the Sure:
essestabalary. Upon his being searched a variety Martinis.
were found upon him, which, it tarried wt, had beat stolen
from separate dwelling houses in the neighbourhood, cete
of the robberies having taken place on the 2nd of May, and
the other on the same aMht the prisoner was appnpendd.
Ths prisoner merely denied the charge, and did not give
any explanation as to who or what he was, or his*** in
coming to this country.
Hs was sentenced to four years' penal servitude.

Tae HAITZAT IR IhELanD.—The following very
sad/tamer, harvest report apneas in the Liawrick =
received this morning :—"Nevor was there more
promise of an early sod plentiful harvest. We have simad-
mans of splendid wheat, nearly ripe, from the farm of E. F.
Goff, Seq., Less Castle Connell- we bare reckoned eighty in one of the ears. Pota'toes as health sad good,
and the yield promisee to be most freitfal. This day has
been exceedingly hot Gnu a night of rattier troy rats."