The Liverpool Standard, and General Advertiser.
Liverpool, Merseyside, England, 1854-08-29 00:00:00

YESTERDAY

(Before Mr. Justice Crowder.) ,00 io
ACTION OF EJECTMENT.—DOE DEM BL,rtr'ii.4 01 0
FORMBY AND OTHERS. (SPECIAL JURT.)--'iallttet4
action of ejectment, concerning some waste g 1
Formby, and chiefly remarkable for its balgin,r ato
brought under the old form, and thus reviving "d" t 0
a long celebrated personage, popularly suf:Preo VrAto
finally defunct and securely buried—to wit, . yard,
Sergeant Wilkins, Mr. Hill, Q.C., and Mr. Mu!klioi,
for the plaintiff, and the Attorney-General, (Ur. de'
Q.C.,) Mr. Manesty, and Mr. Heath, for the defen 0
Mr. Millward having opened the case, Pllo
Sergeant WILIEnrs said that, if the jury would boll 0
him closely in his statement to them, and pay attesled
the plans before them, he thought he should be ,e CO)
convince them that the case ought never to 113' ee To
before them, and was one which ought to have 7ertte
tied by private arbitration. The plaintiff had °4.0. eV
do so, and he was anxious even at this moment !'.ioeti
this course, for he did not anticipate, whatever dec":paa:Jet
made, that a stop would be put to litigation. Aftc.rileollo
for a short time, thelearnedSergeant continue" 'A be i'' „it,
did not seem to be taken up on the other side, an u, oe vbl9
now proceed to state the case, which, if they scecli' ioll 10'
it, would occupy them the whole of that day, al,ljogl'Af
the next. This was an action of ejectment, " ape
the old form, and thus raising from the dead than verb
who were supposed to be long since buried, to reyroscs7
session of a portion of land called the Marsb, 'raos,„.ic!.
Formby. As regarded the locality, it was t,„.uet Ji5,5V
sirable of the whole of the waste lands in tnhe P,;3011
Until recently the land in question was open woff°; or,
to all intents and purposes, and the inhabitantseds 01 or'
were in the habit of carting from it hundra eV
ltbeitndhi sand,fsteohtffhedo eer
half fdet
hne
eda:e Thenaieta.buw;tioe& wu.
Formby had been for a great number of yea f orP:O9
content.roing che s clap. uT ui„, 4.,
~ tr
oot 0
ng ii
,i: 0 1
,rt,i,
hands of two families, the Blundells and til the'li f,
culo.d'slilebn,duoowtorn plaintiffi it was
eweaa s
askedsu bs e qt uo le'
tobc
ee over be 0011
Originally the Blundells had three-quarters e..„` s tOtfer
and the Formbys one-quarter. By some nienelli,ioo'
rangement had been changed, and the Binil,o-tTiPl'
now entitled to one-third, and the Formbys 0 leo olos
The learned sergeant then directed the attentafo,:piii
jury to the plans before them. They would oL'ibe ';',
the common lands were subject to restriction. t9O niili
in question had been unenclosed within the las, the nie;
Whether the Messrs. Formby had a notion ths__, of_d
desert would some day become a second LiverPCe, "IV:
watering-place of fashionable resort, he (t• eve ,0P
sergeant) did not know, but for some years theirosug,/,
ments had been of a character quite Rus,sitalleonicl44
and if they were to go on, the Bhuidel' then .-01`,1
be pushed out altogether. Sergeant Wi1kj115„,..„, 1;1110i-f;
deed of partition made in 1687, between ile,p'cli,l'eolfr
and Richard Formby, the end and aim of Sciuble Nitoeo;
was that the whole of the waste lands shoula„," by $ 01,0
for all common purposes, as before. The Fti-tbeinf tl't
selves, until 14 or 15 years ago, never thong. one WOot
right to this land ; but the plaintiff had, °lltioOlaced
occasions, exercised acts of ownership over 131°,"•00 1,
land, and this had been done without let or wbefor'4;
any interference by the Formbys. It was net oolie ...0
that they interfered or exercised any acts 0 500ev tpf
They were then remonstrated with, and f°l.4. told 11411:0
desisted, The Moss Brows, they would be -° Ft? fr•
witnesses, were always totally distinct frelll4,ittileePjelltil'°
quarter. The motive of Mr. Blundell, in ..:,,Ilts,
tiliS matter, was merely for protecting the OT Belie 011 e
poor inhabitants of the district. 31anY -on
g PI
families were in the habit of turning sheep do, i„
referred to ; and the wool from their back,_ tile,,.,,lik' ,
winter, was a great service of comfort 1,u,„ to he of
February, 1836, the then Mr. Blundell wra;,%f ive' ti
Mr. Formby, expressing his sorrow, on behaon„ note 01,1
that the land was being enelosed ; but, as, nary iiio (Id
taken of that note, on the 24th of Feu'. well wiel,tio
to the Misses Formby, on the subject, 1,...-d,
ito
desired effect for a time. In consequence ell, the a
making an unintentional mistake in his sll it Ica,., 00
were in chancery from 1837 to 1848, and los aTclo/ 0
that interval, while the plaintiff's attention,_ tbee,lo3,(o,
with other matters, that the defendants raVeueo sell,' 100,
complained of. After the matter had 'l, wroe,„i t‘lelr
1850, Mr. Kaye, the plaintiff's solicitor 0 ail
iouto
Formby, saying that his attention had bee, 31r.,13 3g V,
enclosure of the lands in question, urgin=, es i 5 ,
claim to two-thirds of the land, and sage vfo 'OO 0'
final division should be arranged, offering. eTbioql)*P'
of any expenses that might be incurred, protigu,r ;ley
plaintiff's case, and the present action wt.% pooTti, tV,i,v,
plaintiff to maintain the privileges of Peit otrio; ,/,,
bours. He was anxious to live in agree „tt ley'
fendant as neighbours and gentlemen snY_ll,9 ahle AluP,'
to show that he had no selfish !notice ipi_, 110,1 of 0
(the learned sergeant) might mention tiurtip..
iteeoP 0
which was the subject of litigation, was &or, ,1643“,°1
it would not produce enough to pay c° e cP, tY
present action. to fr°l3ol:p
‘
There were no less than 63 witnesses_tected ;50 ,
the part of the plaintiff, all of them ,elf tbe
,;.4
t:te
venerable class the "oldest inhabitant it `lisp
1
After the case had proceeded some tills ter Vilit ro
by the opposing counsel to refer them it 18 ero:4loed
arbitration, as early suggested by Serge,ld the
This case closed the present assizes, p
at half-past twelve o'clock. His
' ; LColdgla in' the three o'clec.ktraiaiLor,.....,