JOHN KARRAN VS WILLIAM CROW

Litigation - 1798 (LONAN)

John Karran of the parish of Lonan complaineth against William Crow of the said parish ANd showeth that John Mylroie of the said parish and Margaret his wife and Richard Mylroie of the town of Douglas did by Deed dated the 17th December 1767 for certain good and valuable considerations therein mentioned bargain and sell unto the said defendant a certain parcel of land situate in the said parish part of the Quarterland of Ballachoan of the annual chief rent of six shillings and ten pence or thereabouts and in the said Deed particularly .... to him to hold the said defendant, his heirs and assigns forever, as by the said Deed may more fully appear and to which the plaintiff craves leave to refer?

That Ann the wife of the said defendant departed this life in the year 1764 without having made any disposition of her part or moeity of the said .... whereupon Catherine Karran otherwise Crow the eldest daughter of the said Ann Crow who died without male issue became entitled to the said moeity of the said premises as the heiress at law of the said Ann

That the said Catherine Karran departed this life in the year of Our Lord 1783 intestate whereupon the plaintiff became and now is entitled to the said moeity of the said premes as the eldest son and heir at law of the said Catherine

That the said defendant though ... no ..... of the premes doth unlawfully withhold and detain the said moeity of the said premes from the plaintiff and the ..... of the plaintiff in the .... of two hundred pounds .......... ........ therefore the plaintiff ............. ............ ............ ..................for the recovery of the said premes according to the course of the Common Law.

Defendant non compt

At a Court of Common Law holden for the northern district of this Isle at Ramsey the 16th day of May 1798 - the names of the jury sworn to try the ........... between the said parties.

John Cain foreman Andreas, Philip Corlett Michael, Thomas Kinread Lezayre, William Corlett Michael, John Cashen Maughold, John Cannon Lonan - jurati

Which jury upon their oaths say that the plaintiff recovers the premes actioned for. As witness their subscriptions. John Cain, philip corlett his mark X, Thomas Kinrade, William Corlett his mark X, John Cashen his mark X, John Cannon his mark X

The said jury delivered this their verdict in court to me. John Lace

Between John Carran plaintiff & William Crow of Lonan, defendant

At Law

The plea of the said defendant William Crow to the declaration filed by the plaintiff

This defendant by protestation not confessing or acknowledging all or any of the matters or things in the said declaration set forth. For plea thereunto, this defendant sayeth

That by a Statute .. Law enacted in this Island in the year 1753 it is amongst other things declared and enacted "That if any person shall pretend title to any farm house or ground within this Isle and do not exhibit his bill in writing for the same before the Lord, his Lieut or Captain, and other principal officers of the said Isle whereof it may be .......... of record within the space of twenty-one years next after he or his ancestors have been dispossessed thereof, then he or his successors claiming after him to ..... ...... utterly excluded or barred from making title thereunto forever."

That this defendant has been in the peacable and uninterrupted possession of the lands and premes in the said declaration mentioned for thirty years and upwards and this defendant doth therefore plead the said statute in ... to the said suit instituted by the said plaintiff and humbly prays the ............ of the Court hereon 3rd March 1798

3rd March 1798 Recorded

At a Court of Common Law holden at Castle Rushen the 8th May 1798 This plea coming on to be argued in the presence of the attorneys as well of the plaintiff as of the defendant. This Court is of opinion that the same will more properly come on to be argued before the jury to try the general issue between ......... and the same is humbly ordered ......... to be argued before, taken into ......judged by the said jury according ............. John Lace, John Crellin

Actions

Lonan

John Karran of KK Lonan complaineth against William Crow of the said parish and therewith that on the death of the plaintiff's mother which happened on or about 1783 the plaintiff became entitled to certain lands situate in the said parish of Lonan called Ballachoan

That the defendant through no way ignorant thereof withheld and detained the possession of the said premes from the plaintiff from the said year 1783 until the latter end of the year 1798 when the plaintiff was ...... into possession of the said premes by judgement of law

By means whereof the plaintiff is damaged in two hundred pounds for recovery whereof he brings the suit according to the course of the Common Law.

deft non comp

At a Court of Common Law holden for the northern district at Ramsey the 9th July 1799

The plaintiff hath agreed to give up this suit upon the defendant paying to and in favour of the plaintiff a proper deed for carrying into execution certain Articles of Agreement executed by the defendant and John Quine & Eleanor his wife bearing date the 6th June 1799 and paying four guineas in the name of costs. John Lace, John Crellin

[Ref: Liber Placitorum (Book of Pleas) 1798]

Actions

Lonan

John Carran of KK Lonan complaineth against William Crow of the said parish and showeth that upon the death of the plaintiff's mother Catherine Carran otherwise Crow which happened in or about the year 1773 the plaintiff became well entitled into the one half or moeity of certain lands and premises situate in the said parish called by the name of Ballachoan

That the defendant though no way ignorant of the premises did upon the death of the plaintiff's mother when the plaintiff was an infant of very tender years possess himself of the said lands and premises and the same did withhold from the plaintiff until the year one thousand seven hundred and ninety-eight when the plaintiff was put into possession of the same in consequence of the decision of the Court of Common Law of this Isle

That the plaintiff soon afterwards instituted a suit against the defendant in the said Court of Common Law for recovery of the issues and profits of the said premises during the time the same were withheld from him as aforesaid

Whereupon the said defendant prevailed upon the plaintiff to give up the said suit upon the defendant entering into an agreement to exercise a proper Deed for the purpose of conveying certain lands, goods and effects to and in favour of the plaintiff and such an agreement was made a Rule of this Court

That the said defendant has since refused and still doth refuse to execute such Deed as aforesaid

By all which actings and doings of the said defendant the plaintiff charges that he is damaged in the sum of three hundred pounds and upwards and brings this suit for the recovery thereof according to the due course of the Common Law.

deft non comp

[Ref: Liber Placitorum (Book of Pleas) 179]

 

 

NOTES

  1. Grawe
  2. John Mylroie was the half brother and guardian of Richard Mylroie, which explains why John was involved in the original deal
  3. This sale was for the land that Richard had inherited from his father. Richard was living in Douglas at the time of this contract. As he was about 21 years of age, he was not obliged to share the spoils of the sale with his step-siblings (see father's will 1749)
  4. No further sightings of Richard have been made. He mght have migrated to England, Ireland or the US
  5. Evidently, the grandson of the original William Crow claimed that he was entitled to the land, as heir at law to Catherine Karran als Crow who was heiress at law to Ann Crow, wife of William

Associated Documents

Last updated: Nov 2017