Sir John Franklin's 12 Acres

There I saw 46645s and was partly rewarded when I raced up to the 6th floor to try application 46645. The search certificate referred to Sir John's purchase of the northern 295 links of section 15 but there was no sketch of title. The search certificate referred to the land being fenced in 1882. This was probably done by John Murray Peck, who had bought William Smith's original purchase and established "Lebanon". I think Peck noticed that nobody used the land between his 22? acres and section 23, so he just started using it as if he owned it.

Broadmeadows Shire was receiving rates on his whole 34 acres so there would have been no question of his right to use Franklin's land. Indeed, in 1879-80, Hugh Peck may have been occupying Franklin and Smith's purchases when he was assessed on 34 acres; names were listed alphabetically and Peck's name appears where the name of W.H.Fletcher would be expected to be. J.M. Peck died on 19-11-1903 and he does not seem to have been listed in Broadmeadows' 1899-1900 rate book. It was probably at this time that the Pecks realised that their lack of title to the 12 acre block would be discovered. Did they just abandon it?

In 1879, John Morgan English, had bought Belle Vue ( renamed Oak Park and separated from Franklin's land only by the creek and Lebanon Reserve) after the death of Fawkner's widow, Eliza, and converted Fawkner's single storey weatherboard house into the double storey mansion still standing at the top of Oak Park Court. He leased out the farm to his relatives, the Morgans and Mrs Morgan's mother, Mary Knight but was still involved in the area, purchasing the 200 acre eastern part of section 23, which adjoined

English seems to have done the same as I suspect Peck did earlier and, in 1902, just squatted on the land and paid the rates. In 1926, J.M. English applied for the title to Franklin's land.. (Application 46645, Broadmeadows Rates.)

In 1920-1, Louisa Ellen, the widow of J.M.Peck had 38 acres, which probably consisted of lot 4 (Franklin and Smith's purchases from Brewster) plus about 4 acres of subdivision lots in the Byron Vale Estate or another estate nearby.

Why didn't Franklin sell the 12 acres when the section 23 land was sold? My guess is that he and his heirs (and the titles office) forgot that this land was on a separate title to the St Johns Estate. If he'd left his land to his wife, Dame Jane Franklin, she might have been aware that the 12 acres existed. However he seems to have punished Jane for not bearing him a son. He left her only her clothes and gave the rest of his estate to a daughter from a previous marriage. This daughter had probably never been to Australia.

The confusion seems to have set in when a man named Dunn leased a 123 acre farm from Sir John. He was followed by Elizabeth Guest prior to 1862 but the 123 acre farm was still called "Dunn's Farm". As explained in bold type under section 23, Dunn's Farm must have included the 12 acres (adjoining section 23) at the northern end of section 15. This lessee could have been Thomas Dunn of section 15 or Edmund Dunn of Viewpoint in Tullamarine.

When the 123 acre Dunn's Farm was leased to Henry Mawbey for 5 years on 17-2-1862, it was wrongly described as being entirely in section 23. Significantly no boundaries of the farm were described in the memorial! (121 455).

I had intended to include a copy of Sketch of Title 46645 but the clerk's scribble is so illegible that readers would not be able to make head or tail of it. Here's what it says.

46645. John M.English.

Part allotment 15 Doutta Galla.

1080 pounds.

Claim by possession.

L.R.O. Sir John Franklin

(see D 847* set out on ??) also see 11578 from which it appears that his widow Jane Franklin is interested.

John Morgan English, the registered proprietor of abuttuing land in 9 T? Vol. 2209 Fol 441708 (records available only go to volume 999) from which the land applied for was with other land excised **thus necessitating this present application

(* D 847 records the sale of the 12 acres to Franklin by Brewster.)

(** Broadmeadows Rate books show that in 1900 Alex Robertson had just replaced dairyman, Robert G.Bryant as lessee of "200 acres Doutta Galla" owned by the Hodgson executors. It is known that this was Thomas Kelly's former eastern portion of section 23, which was roughly between the Strathaird/Menarra St corner and Lebanon Reserve.

His application states (inter alia)

That Crown Grantee was Edward Jones Brewster- But he conveyed

That he has never acknowledged ownership or been called on to do so and no rent or payment has been made by or claimed from him except rent under lease from Land Investment Coy to whom he has sold under contract of sale dated 4 Dec 1923

He occupies under Co lease-

That from 1902 or sometime prior unto: up to 26 June 1918 land was occupied by himself and his brother (probably Joseph English) for grazing purposes and since that date by himself as owner? or lessee as ###? for same purposes:

All rates paid by him or his brother till 1918 and from 1918 to 1923 by him since then by Co. ?? Coy.

Since 1902 a fence has always stood on south boundary of land on south of land applied for- red on survey plan (survey plan not enclosed) and was erected on line upon which an old fence had stood for at least 15 years prior to 1902.

19 Dec 1925 Staty Decl of Harry Huntington Peck

456830 He well knows land in survey plan ???A

(Of course the future author of "Memoirs of a Stockman" should have known the land; his father had squatted on it for about 20 years.)

He is joint owner of land abutting (on portion of south side ) of red and blue and first became acquainted with (said?) land in 1882 when such land was enclosed by fences on south, west and north west sides shown on plan and land has been enclosed by fences from 1882 (to date?) except that about 1902 a new fence was erected on south on line on which original fence stood since 1882.

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