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WEXFORD ASSIZES,
1863.
BRIEF ON BEHALF OF
DEFENDANTS
STATEMENT OF DEFENDANTS' CASE PREPARED FOR
ADVISING PROOFS.
Plaintiff's
Patrick Sarsfield
Colclough, Esquire, Felix Fitzpatrick, Michael Murphy and Charles Heniy James,
Official Assignees of the Court of Bankruptcy and Insolvency in Ireland, which
said Felix Fitzpatrick, Michael Murphy and Charles Henry James, are Assignees
of Patrick Sarsfield Colclough,
Defendants.
John Thomas Rossborough, calling himself John Thomas
Rossborough Colclough, and Mary Grey Wentworth Rossborough Colclough, and others.
THIS is an action of ejectment on the title brought by the
plaintiff, Patrick Sarsfield Colclough, who has been discharged as an
insolvent, in the name of himself and his assignees, to recover possession of
the Tintern estate, the property of the defendants.
Four writs of summons and plaint in ejectment have issued,
at suit of the plaintiffs against the defendants, one to recover the manor house,
and demense, ofTintern abbey ; the second to recover the general lands forming
the Tintem estate, situate in the county Wexford ; the third to recover that
portion of the estate situate in Carlow ; the fourth to recover the lands of
Ballydorough, in the county of Wexford, of which the defendants are not in
possession ; but in the first instance the plaintiffs are only to try one of
these actions as to the lauds comprised in the summons and plaint.
STATEMENY OF THE DEFENDANTS CASE
Although the official assignees are co-plaintiffs, these
actions have been brought not merely without their consent, but against their
strong remonstrances, and as they and their advisers are satisfied the other
plaintifs have no title, and that the proceedings have been instituted for a
purpose not bona fide.
The plaintiff, Patrick Sarsfield Colclough, is the heir male
of the late Caesar Colclough, of Tintern abbey, and of the late Sir Vesey
Colclough who was father of Caesar ; and the defendant, Mrs. Rossborough
Colclough, is the heiress-at-law of same parties, and as such heiress-at-law of
said Caesar Colclough and of Sir Vesey Colclough, and also as heiress-at-law of
her father, Chief Justice Caesar Colclough, who was devisee of Sir Vesey
Colclough, as hereafter mentioned, is in possession of and claims to be owner of
the estates in question. The plaintiff, Patrick Sarsfield Colclough, and defendant,
Mary Grey Wentworth Rossborough Colclough, are respectively the heir male and
heiress-at-law of Adam Colclough, formerly of Duffrey Hall, who was the common
ancestor of both.
The defendants have no certain knowledge of the grounds on
which the plaintiff rests his claim ; but it is believed the plaintiff will
allege that he is entitled to recover on two grounds—1st. That as heir male,
even though not heir-at-law, he is entitled, under the limitations, in a
settlement dated in 1719, though these limitations were long since barred. 2nd.
That if not entitled on that ground, he is entitled to recover as heir-at-law,
falsely alleging that Mrs. Rossborough Colclough is not the legitimate child of
her father and mother, and even if she be, that she is not heiress-at-law of
the Colclough family, as her father, the Chief Justice, was (as alleged)
himself illegitimate, an allegation which is of a most important character, and
which will be disproved so soon as made ; and in passing, it may be stated that
even if defendant, Mrs. Rossborough Colclough, be not heiress-at-law, the
plaintiff would not, on that ground, be entitled to recover, as failing her and
her issue, the heiress-at-law would be Miss Matilda Colclough, and not the
plaintiff, the said Matilda being the grand-daughter of Dudley Colclough, the
next brother of the Chief Justice, and next in priority, but to oust her claim
the plaintiff also alleges that her grandfather was also illegitamate. There is
no reasonable doubt but that the plaintiff has instituted these proceedings to
extort money from defendants; nevertheless, it being incumbent on defendants to
defend their title, they state that title as follows —
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