The Sun.
London, England, 1802-08-30 00:00:00

'RUSSEL v. WILKINSON.

THIS was an.Mlion of Troyer, to.recover the
value of some Trees cut .by the, orders of the De-
fendant, in alloundary-Hedge which separated his
Estate, of Stockly, from the Plaintiff's. Estate, of
Btandsforth.

•
The Patties are both of them Gentlemen of con.
siderable property ; the Plaintiff is father to the
Mr.. Russel who ivas the unsuccessful Candidate for
Durham in the year 't Soo.
Mr. PARK, in stating the Plaintiff's case,'ob-
served, that this AaiOn. was not brought -so much
for the value of the Trees, whiC,h were not estimated
at more than 41., as Co determine amore important
question to the Parties, the Right of Property in the
ground where those Trees were cut. The fence in
question; he Plaintiff contended to be his property,
from the .general, custom of the, Country, which,
when Estate' are separated by a hedge, having a
-ditch on ore side of it, gives the property of the
hedge to that Estate on which side the ditch is not,;
independent of, this, which he. conceived to be the
,general 'tint= of the Country, be could prove, that,
-for the last forty-three years, the most unequivocal
-ads of Ownership_ had been exercised ..over this
hedge, by the different persons who owned, the.
Brandsforth Estate during that periOd of rime, and
to itmbose rights the Plaintiff became entitled, upon
his.purchase of it from the late Mr. Tempest.—
Tho;:e aas of Ownership and Property, consisted in
their often repairing this fence at their own ex.;
pence, and in their haVing cut, at different times
during that period; several large and valuable Trees
from the hedge in questiOn, without any manner of
objeakin on the part of those from whom the Pe-
fendant derived his fence. •

The first Witness produced on the part of. the
Plaintiff; was one Weltham, the very person who
cut down the trees in question, having purchased
them from the Defendant, and who, on that account,
had been himself involved in a lavv-suit With the
Plaintiff his admissibility as a Witness, was stre-
nuously objeaed to by the Defendant's. Counsel,
who insisted, that as he. was
.the original trespasser,
it was against him that the present ;14:lion ought to
hav,e been 'brought. .The 'Learned Judge, however,
over,ruled this objeaion,. On theWitness.declaring,
'that he had been released from all further aaions
on this account. The Witness proved the sale of
the trees,to him by the Defendant.

SPORTING INTELLIGENCE

YORK AUGUST MEETING.

Farb:3olv AUG. 27.
Fifty POunds Oven 4y the City of York.

Mr. Daimson's"ch. c. Quiz, by Buizard
SirT. GaScoigne's ch. c: Lenox, bylselpini
Mr. Br.Andling', b. c. Alonzo, by Pegasus: - 3
Lord attrlington's-ch. c. Muly Moloch, by John Bull 4
Lord Fitzwilliam's ch. c. Miracle, by Ph: uomenon dr.
Sir W: Gerard's b. c Belleisle, by Sir Peter - dr.
Mr. Wilson's b. f. Sophia, by Buzzard - - dr.
Six- to's op-Alonzo ; 5 to 2 agst Muly Moloch ; s to iagst
Quiz; to to s agst Lenox.

Stisceepstakes of sogs, each, h. ft.

Lord Fitzwilliam's br. c. Sparrowhawk, by Buzzard, out of
• Termagant - - • - - -
Lord Darlington's b. c. by Beningbrough - - - z
Mr. 'F; Richardton's b. c. Abraham Newland, by Over-
ton,
or Beningbrobgh, out of.Cockfiglrrer's dam - 3
Mr. G. Crompton's'b. f. Ringdo've, by' Buzzard - pd

Foui to i On.S parroWhawk. WOn easy. •
Sweepstakes of sogs, each, aags. eft. for 3.yr old Fillies;
Mr. T. Hutchinson's b.:by 13cningbrough, out of an own

sister to Cforrstitution
1114 r. Fenton's c. Countess, by Phmnotnenon, out of

Da-ron Nile's darn - - - - 2
Sir H. T. Vane's br. by Overton - - - - 3
Mr.'W. N. W. Hewett's Miss Zilia Teazle, by Sir Peter,
< out of Zilia - - - - -
Six to 4 agst T. HutchinsOn ; 2 to x agst Mr. Fenton;
3 to i agst Sir Harry.

Tuesday last -Mr. Ft, ETC.HER READ, a Gentleman
of considerable fortune, -:and a particular Patron'of the
Pugilists of the present day, gave a 'dinner at the One
Tun Public-house in St. "James's Market, to a num-
ber of the Professors of the Fist. Bourke was of the
party. In the course of the day Belcher called in
(no doubt by accident), whensMr, READ addressed
Bourke, and told him he must now be convinced it
was impossible for him to beat Belcher, and en-
treated hini to give Belcher his hand, which he con-
sented to do,. and they sat down at the same table,
and spent the remainder of the day in gdod
mour. Bourke asserted that be found no bad effeft
from the late fight except being stiff; that .he was _
not brtiised in any pan of the body, and would run
for a wager with any man. Upon this, Mr. READ
made a match between Bourke -and 7-tick Ward, thef
son of Will Ward, to run one hundred yards in the
shortest time for two guineas, which was agreed to,
and the parties adjourned into Hyde-. Park to decide
the wager, when they were started by Mr. READ.
Bourke beat his opponent by five,yards, to the no
small gratification of his friends.._ •

S 1 NE H

GRAVESEND, AUG. 27.

Passed by--the Respe&, 'Place,' from.; Oporto ; Thomas,
Drury,,,frc,m Alexandria ; and Empress, DCwbon, from Me-
mel,

Sailed—the Iris, Fkiimer, for New=irork ; Undaunted,
Mason, for Jamaica; Mary, Richardsnn, from Dublin ;
Flora, Simmonds, for Oporto -; Balina,-Whitfield, for Hana-
bro',l Siters, Hunt, for Rotterdam:; and the Jonge Jaco..
bus, jacks; for Amsterdam.