Catherine Clarkson - ALL REVEALED
In the Supreme Court of NSW on the 14 June 1833,
Catherine Clarkson
swore an affidavit in open court to commence a suit of Equity.(51) This
was brought about as a result of an Ejectment action brought against
her on 1 January 1832 by James Holt. This action was contested by
Mountford and Thomas as owners of the two portions of land in
dispute.(52)
Catherine's statement contained an account of the
lives of the Clarkson
family and some of their circumstances from the time of their arrival
in the colony and was to give us some very interesting insights into
their affairs.
Catherine stated that she "emigrated to the said for
the purpose of rejoining and living with her husband, Thomas Clarkson
"whom she had married in England". Thomas at that time, she said, was a
"convict attaint or prisoner of the Crown residing in Sydney, and was
assigned unto this deponent (Catherine) shortly after her arrival in
Sydney".(53)
Catherine also stated that, she had "brought very
considerable property
to the said colony which she held in her own right and independent of
her said husband".(54) With this she was able to purchase a piece of
land "on which a house was erected situate and being at the corner of
Elizabeth Street and High Street (now called Hunter Street)". John
Parks was the vendor from whom she took a receipt for £38.(55)
£38-0-0
Sydney October 1806 Received from Mrs
Catherine Clarkson the sum of £38 being payment for a House and
ground situate in High Street with what timber is now lying on the
ground and I have given to her full possession thereof. Pray receive by
me.
Jno X Parks (his
mark)
Witness present
Thomas Russell.
In August 1814, Catherine purchased another small
portion from a
neighbour, Mary Biggs.(56)
I
agree to sell to Catherine Clarkson this twenty first day of August
1814 36 feet 8 inches of my land , side of Jane Muckle's land to
Clarkson's fence within ---- inches of Clarksons Brewery? to be divided
strate (sic) across from Ester Stubb's fence up to Jane Muckle's fence.
To have and to hold forever free from all encumbrances ….Admons or
assigns. For the sun of fifteen pounds and two pounds ten shillings to,
be spent -- the receipt I acknowledge to have received.
Mary
Bigges. X (her Mark)
Witness
Catherine Clarkson
George
Jubb.
It was here that Catherine stated that she had
resided continuously at
this address and had made "very great improvements thereto" thus
increasing the value of the property considerably.(57)
Thomas, she claimed, carried on his business as a
brewer separately and
independently to her and acquired "very considerable property in the
course of his trading".(58) His dealings with Daniel Cooper were
extensive but that she, Catherine, considered Cooper had "by false
representations prevailed upon Thomas Clarkson to execute unto the said
Daniel Cooper a certain indenture of mortgage dated on or about the
tenth day of August 1822". This was the mortgage of property for which
Thomas
received £1,775, plus interest. Catherine was to claim also that
she knew nothing of the inclusion of the property in question in the
said mortgage until recently and that it would only have been included
in the agreement "for the sole purpose of defrauding or injuring her".
(Whether she was referring to Thomas or Daniel Cooper as the "Injuror",
is unclear).(59) She was also of the opinion that the whole mortgage
was "altogether founded in fraud and that no money was due and owing
from the said Thomas Clarkson to the said Daniel Cooper but on the
contrary she believes a sum of eight pounds four shillings and sixpence
was at the time due and owing from the said Daniel Cooper to the said
Thomas Clarkson".(60) The mortgage she stated, was accompanied by a
Warrant of Attorney which was collateral security for the payment of
the said sum of the loan. The amount owing by Cooper was paid to her
husband when the accounts were settled between them on 11 August 1822.
In evidence of this, she produced a statement of this settlement
"recently discovered amongst the papers of the said Thomas
Clarkson".(61)
Catherine's version of the court proceedings was as
follows…
She conceded that the writ of Fieri Facias was
issued on the 15 March which set a levy of £1,926/3/8 to be
raised from the sale of Thomas' goods was executed and from this, the
Provost Marshall was able to report....
Levied
on account of this writ after paving off Mortgage debt and rent
due by notice served £926/3/8.(62)
Catherine was to state that she believed "that the
amount so
fraudulently secured by the said Indenture of Mortgage had been claimed
by and paid to the said Daniel Cooper in addition to the said sun of
£926/3/8" so raised by the sale".(63)
In her opinion, that mortgage was invalid and Cooper
should never have
recovered the amount it constituted. Now he was after the further
£1,000 which he claimed was the excess owing him.
As a result of this, her home had been sold out from
under her and now
James Holt, the purchaser was trying to evict her. Catherine's
complaint with him was that it was a conspiracy to defraud her of her
home. This being brought about by Daniel Cooper, (who was no longer
resident in the colony), through James Holt, who was carrying on
Cooper's business in his absence. James Holt on the first day of the
first term of 1832, "commenced an action of ejectment to recover the
possession of the said two several pieces of land and house to which
defense has been taken by Mountford Clarkson and Thomas Clarkson, who
are sons of this deponent".(64)
The Clarksons were now appealing to the courts for
an injunction to
restrain Holt from evicting them.(65)
On the 24 October 1835 the case was dismissed out of
Court as Catherine
had not proceeded with the cause. 66) The reasons for this being, she
had turned to the Court of Claims to lodge an application for ownership
in opposition to James Holt.(67) Image - Map, Portions in Dispute
By the end of 1833, Catherine showing her
determination to remain at
her residence in Hunter Street, leased part of her premises to Thomas
Smithers.(68) For a period of five years she leased "all that
brewhouse, cellar, maltkiln. Bottom malt floor, coach house with yard
and pump" reserving to her, Catherine, the use of the pump and well and
the freedom to come and go on the land as she wished. These facilities
were situated at the rear of her premises in Hunter Street and for the
term she intended charging Smithers £74 for the first year and
thence £100 per year.(69)
As 1833 drew to a close, Catherine was preparing for
the final act in
this drama which would ultimately determine the ownership of this long
disputed property. The Woodman would either remain the home of the
Clarksons or would fall to a new owner.
Page last updated - 7
July 2006