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

BREACH OF CON

an action of 1.

town, 1

Ld purchased fro.:

last assiz

.—Robinson v. 13u11.---nde,
tract in the delivery of 3. VP'
ntiff, an iron merchantllo6 1
the defendant, an iros trie`i
ishire. The case al`
botli

ant had a cro:

. ...
cases for settlement by an arbitrator.
ACTION UPON A CHARTzu-
ron.—The plaintiff in this action was Mr. Sylveslvoa,verty,
den, a shipowner, at Stockton-on-Tees, and the
li Oil(
a ship called the British Monarch; the defenda ,
; London- r
Thomas Calderon, a merchant, residing -11 the ply'
action rose out of a charter-party, in which
~cri,;r
PARTY.—PARTY.
-:,,;1;"t
tiff had agreed that his vessel should proceed tO !lII' a P,
Wear, and. at a safe spot, or loading-place, talc 1,:- ca.,
cargo of coke and coal, the defendant
nritle'rtatranti, , .
ply the cargo in a reasonable time. The ship ivas deb t)
from the 9th of January to the Bth of February, ss),.11131:111
plaintiff contended was an unreasonable time, and o,lllc,
demurrage and d '-- 01A loss of a freigl" Tor''
• ving
'could 1,---

he SI
Verdict a

he Alai.

YESTERDAY.
(Before Mr. Justice Crowder.) „not
ACTION OF EJECTNENT.—DOE
FORMBY AND OTHERS. (SPECIAL
action of ejectment, concerning some
Waste Dee,
Formby, and chiefly remarkable for its hav,ll3"s 60,,g
brought under the old form, and thus reviving 101 to
a long celebrated personage, popularly suip°,se" Ve:/4
finally defunct and securely buried—to wit, ;„.0`,,,j,iv,;,.;
Sergeant Wilkins, Mr. Hill, Q.C., and Mr. 31,11w-r'poss.'"
for the plaintiff, and the Attorney-General, (Mr. 1,0,
Q.C.,) Mr. Manesty, and Mr. Heath, for the defenu."-
Mr. Millward having opened the case,
I f
Sergeant WriaxiNs said that, if the jury woulc ,;00,
him closely in his statement to them, and pay attevoe
the plans before them, he thought he should be
convince them that the case ought never to hat ,j 1 jo
before them, and was one which ought to have I).e`reilli`e
tied by private arbitration. The plaintiff had 0' fey
do so, and he was anxious even at this moment
this course, for he did not anticipate, whatever decisl4
made, that a stop would be put to litigation. Aftellile°oo
for a shorttime, thelearnedSergeant continued ,e o'o tb
did not seem to be taken up on the other side, and ::'OO
now proceed to state the case, which, if they n'elraolo,
it, would occupy them the whole of that day, an"..,;00,"
the next. This was an action of ejectment, perr,
the old form, and thus raising from the dead thoseaotrO
who were supposed to be long since buried, to refic",.oo"s'eje
session of a portion of land called the Marshvost ;et.
Formby. As regarded the locality, it was thes.'-di.4rt'lic
Nimble of the whole of the waste lands in tha`ho
Until recently the land in question was open 0 taorlfigt
to all intents and purposes, and the inhabitants of, sod
were in the habit of carting from it hundre'esofor
loads of sand, sods, &c., but it was subsequentifor 41e,
by the defendant. The plaintiff asked to reel is', rip
thirds for the public use, or he might clain, of
but if the defendant would only at once submit to footoe
even the half, he would now be content. The Safi
le
Formby had been for a great number of Yelorai",lot
hands of two families, the Blundells and the I,e 00.5 t.
Originally the Blundells had three-quarters of the 00.5 t.
and the Formbys one-quarter. By some inea°,s4,so
rangement had been changed, and the Blun`L'o.tli',..tpe
now entitled to one-third, and the Formbys tot '0 of vat
The learned sergeant then directed the attentio
fve
,34
jury to the plans before them. They would obsAelfP,
the common lands were subject to restriction.
in question had been unenclosed within the las.thes%e!
Whether the Messrs. Formby had a notion that 1 or of
desert would some day become a second LiverP,°° lesfer
watering-place of fashionable resort, he (tll.eepei*i d,
sergeant) did not know, but for some years thelliisa","
ments had been of a character quite Russian j'ji
and if they were to go on, the Blundells
be pushed out altogether. Sergeant Wilkins t',l'l3live
deed of partition made in 1687, between HOPI), he
and Richard Formby, the end and aim of Nal° left eo'
was that the whole of the waste lands should be ,503.10
VOI
for all common purposes, as before. The Form„i el to
selves, until 14 or 15 years ago, never thong floe °roc V„f
right to this land ; but the plaintiff had, 0114;00 ce
occasions, exercised acts of ownership over Port' arsilit,T
land, and this had been done without let or ilteforeit
any interference by the Formbys. It was not, mvSertoB
that they interfered or exercised any acts 0, 4-004 04
They were then remonstrated with, and f°r
desisted. The Moss Brows, they would be lite Per
witnesses, were always totally distinct from iterforlittoo/
quarter. The motive of Mr. Blundell, in °
tnis matter, was merely for protecting the r'y ithe
poor inhabitants of the district. Many o'oo thec, to
families were in the habit of turning she') dari„,ll%frp
referred to; and the wool from their backs'
winter, was a great service of comfort t° to tile
February, 1836, the then Mr. Blundell Wrotfof tll.e v
Mr. Formby, expressing his sorrow, on behah 0 potlo4oll
that the land was being enclosed ; but, as,
taken of that note, on the 24th of Fe°-"tijli
I'a ird
to the Misses Formby, on the subject, svz. tgtP
desired effect for a time. In consequence 01, the 109
. it
,
making an unintentional mistake in his , it sva6.,,ttr"
were in chancery from 1837 to 1848, and `vas alele' 0
that interval, while the plaintiff's attention,e the eltid,pr.
with other matters, that the defendants rasuen set to 00
complained of. After the matter had be_. ,rote ,to
1850, Mr. Kaye, the plaintiff's solicitor, "die:1)0(15o
Formby, saying that his attention had beerkir. 13' tlr,
enclosure of the lands in question, urging t.esen,lifis
claim to two-thirds of the land, and sue lA, the
final division should be arranged„offering,
of any expenses that might be incurren• broap.'er Pee
plaintiff's case, and the present action nr?ss pool,
plaintiff to maintain, the privileges of $Ol., sor,lle
bours. He was anxious to live in agreella,o',ld ,ITatteif
fendant as neighbours and gentlemen sit the 11,he part to show that he had no selfish motive R'„t if t 11"
(the learned sergeant) might mention twi fees rn
which was the subject of litigation, vras rusel's
it would not produce enough to pay °() e cPtY
present action. to froPleN
There were no less than 63 witnesseseieeteaciotrA
the part of the plaintiff, all of them tbe,o 7t9'
venerable class the "oldest inhabitants._,,, it.' 09
After the case had proceeded some truer rip
by the opposing counsel to refer the Want WwoaS4,4
arbitration, as early suggested by Sergeand tllcee'
This case closed the present assizes',
at half-past twelve o'clock. His Loral? r
Loud= by the three o'clock trOn.