Mexborough & Swinton Times – Saturday 20 August 1904
A Question of Title
Interesting Case From Conisboro’.
At the Doncaster County Court, on Wednesday, before His Honour Judge Allen, Thomas T. Hardy, managing director of C. Park road, Sheffield, applied for the sum of £4, being one year’s rent of a field at Conisboro’, from Henry Guest, a carter, of Conisboro’, the present tenant. – Mr. W. R. Willis, of Rotherham, appeared for the plaintiff, and Mr. Frank Allen for the defendant.
Mr. Willis said his client claimed a year’s rent, £4, from the defendant, which was due on the 25th March last. The defendant had been a tenant of the plaintiff since the year 1892, and he had always paid his rent to him. When the rent became due to him in March the plaintiff wrote to him, but receiving no reply he went out to Conisboro’ and saw defendant. Guest then told him that he had been informed not to pay his rent to him and his client then told him that he should take proceedings against him. On Saturday week last his client received a letter from the Clerk to the Guardians of the Doncaster Union, stating that he intended making application that morning to the local West Riding magistrates for the rent to be paid to the collector to the Guardians. That letter was received on the Saturday morning. Unfortunately it was received too late to be of any service. He (Mr. Willis) telephoned to the Clerk to the Justices, asking for the case to be adjourned, but the order had then been made. They appeared before the magistrates the following Saturday, and explained the circumstances, but, of course, they could not set aside their previous decision. He submitted that that would not interfere with his Honour’s jurisdiction, and his contention was that the question of title was not to be gone into by his Honour. That court had jurisdiction on the question of title. If he proved that his client had let to the defendant himself, as his tenant, during the whole of the time, from the commencement of the tenancy, they could not dispute the facts.
The plaintiff was sworn, and he stated that he lived at 10, Park road, Sheffield, and was a managing director. In August, 1882, he received a letter from the defendant, asking to become the tenant of the land in question, in place of his father. Since then the defendant had paid his rent regularly up to March this year. In that month he applied for the usual way for the rent, but receiving no reply he went over to Conisboro’ and saw him about it. Mr. Guest then said he was not going to pay him the rents any more. He told witness that a certain individual had told him that he (plaintiff) had no title to the field, and he had not to pay the rent to him any more. Plaintiff told him he ought not to pay the rent to anyone else, or the field was his, and told him that he should put the matter into his solicitor’s hands, which he did. He corroborated his advocate’s statement.
Mr. Allen said it would be conclusively proved that the property belonged to one Thomas Ogley, now an inmate of the County Lunatic Asylum. He would also prove that the plaintiff was wrongfully in possession.
His Honour: Then you have a remedy against this man.
Mr. Allen: At present he has no title to it whatever.
Mr. Willis: I object to that statement.
Mr. Allen: It has been decided.
His Honour: The West Riding Court have no jurisdiction in a case of this kind.
Mr. Willis: We had no opportunity of presenting our case to the magistrates.
His Honour: It is not for me to criticise the action of the magistrates. (Laughter.)
Mr. Willis: Of course not.
Mr. Allen: I say your man is really a trespasser.
Mr. Willis: Then he has been trespassing for 40 years, and he has been trespassing a long time before being found out.
His Honour: There will be judgment for the amount claimed.