Land Purchase of William Smith

By Ray Gibb.

WILLIAM SMITH'S PURCHASE. (Lebanon).

The E.J.Brewster 1st and 2nd series do not refer to a memorial concerning the land extending the next 8 chains (roughly) south to Peck Ave. If Andrew Lemon was right, it was purchased by William Smith. (Luckily Doutta Galla microfiche 85 gave the title application number 13 676. The Sketch of Title under this number contained the following information. The block's western boundary started 295 links south from the north west corner of section 15 (see frontage of Sir John Franklin's purchase) and went another 709 1/4 links further south. Its northern and southern boundaries went east 41 chains and 5425 links respectively to the Moonee Moonee Ponds. On 4-2-1848, the same day that McCord, Jackson, Dunn and Callaghan bought their blocks to the south, Brewster sold this block to William Smith, a farmer of Glenroy.

The memorial recording this conveyance (G 460) was not listed in the Brewer index so luckily it appeared in this document. It revealed that William Smith paid L114/0/6. William Smith finally sold it to William Henry Fletcher, yoeman of Yan Yean, on 1-2-1872. The memorial listed for this conveyance (217 310) was consulted. The description of the land was perfectly copied from G 460, which failed to specify theblock's area. Fletcher paid 940 pounds, 8.25 times the price Smith had paid 24 years earlier.)

Andrew Lemon states that, in 1874, William Jones bought William Smith's properties, about 21 acres on the north of the creek and a similar area on the south. (P.75.) The 1879-80 Broadmeadows rate book lists William Jones as the owner and occupier of 20 acres at Pascoe Vale, but as this was in the Campbellfield riding it would have been north of the bridge. This was probably the land he bought from Mr Heron in about 1865, and on which he was harvesting 2 tons of hay per acre in 1888 (Victoria & Its Metropolis P.704). The rate collector made no mention of Jones having about 20 acres south of the creek, unless my transcription was faulty.

The owners-

William Smith

(not the man associated with Flemington and Moonee Ponds, P.697 Vic. & Its Metrop.) bought the Young Queen Inn from John Watson in December 1842. The inn, being on the most popular of the three routes to Sydney until the Broadmeadows Township bridge was built in 1854(Lemon P.17.) This was on lot 3 of Pascoeville, consisting of 1 acre 2 roods and 5 perches, on the s/w side of the government (Pascoe Vale) road. Lot 4 was s/e of it, probably fronting the creek and lot 2 was N/W of it. The south west boundary was a lane leading from Sparke St to the Moonee Moonee Ponds (Sydney 1523). This memorial, detailing the sale of lot 3 by the hotel's builder, Edward Butler, to Watson on 29 and 31 May 1841, unfortunately gives no measurements but I think Sparke St would have been near Marks St if all blocks were about 1 ½ acres.

Fate might have decreed that Smith would never purchase his block from Brewster in 1848. He was charged with the manslaughter of his servant, Joseph Plant, in 1847 but he was acquitted. ("Between Two Creeks" Richard Broome.)

William Henry Fletcher.

It is unknown whether this was the same man after whom Fletcher St in Essendon was named. The latter was granted land including the Target store at Highpoint (Maribyrnong: Action in Tranquility), 260 acres between Maribyrnong-Ormond Rd and a line indicated by Gladstone St- stretching from Scotia St to the Moonee Ponds Creek, and south of this the 320 acre triangle bounded by Epsom and Ascot Vale Rds. Surely he would describe himself as a gentleman rather than a yoeman.

John Murray Peck.

Arriving in 1854, at the age of 21, with three other young Americans (Freeman Cobb etc.), Peck was the "action man" who could drive huge teams of horses on the Cobb & Co line that soon opened to Castlemaine. His powerful voice and commanding presence later established him as Australia's foremost auctioneer of fat cattle. Before moving to section 15, Peck lived at "Mascoma" in Ascot Vale. (See volume 2.) His family pioneered the area in New Hampshire, U.S.A. near the Mascoma River where the town of Lebanon sprang up. Peck, his London-born wife and their son, Harry Huntinton Peck were buried at the Will Will Rook cemetery.

In the Essendon Conservation Study (Call No. 720.288099 BUT), Graeme Butler confirms some of the title information I have supplied, apart from calling William Smith "John". In his entry for "Lebanon", Butler states that Smith lost the property surrounding the house to William Fletcher via a series of mortgages in 1872. Fletcher converted the title to Torrens in 1881 and J,M.Peck bought 40 acres soon afterwards*.

John Murray Peck built Lebanon (still standing in Wendora St ) in about 1882.

*As Lebanon consisted of 34 acres, it must have included Sir John Franklin's 12 acres between Smith's land and section 23. The Broadmeadows rate book did not state that Peck was leasing the 12 acres so I can only assume that the co-founder of Cobb and Co had just squatted on it and paid the rates, as J.M.English did from 1902. (See details under "Franklin's 12 Acres".)

This land includes the Red Rooster site, where stood the illegally demolished "Cook's Homestead". This name was bestowed on the house by Pascoe Vale kids of the 1930's, such as the late Jim McKenzie and his future wife Peggy, because it was owned by Broadmeadows Shire Secretary Albert Cook. (See Kilts and Cow Dung Flats by R.Gibb.) Its name was actually Wannaeue (Note 6), and it was said to have been built by J.M.Peck of Lebanon. (Note that Sam Merrifield's House Names Index names the house as Wanganui - P.37.) Peggy McKenzie told me that a Miss Roberts owned the Wannaeue land (south to the garage site); she was probably related to J.M.Peck, whose wife, born in Bond St, London on 6-6-1840, was Louisa Ellen Roberts. (Gravestone, Will Will Rook cemetery.)

SIR JOHN FRANKLIN'S 12 ACRES.

On 15-2- 1847, Sir John Franklin bought the northern 12 acres of section 15. From Brewster memorials it has been established that the northern boundary of section 15 is indicated by the intersection of Esmale, Lebanon and Amar Sts. From this line, Franklin's land went 295 links south to the e-w section of Lebanon St (D 847).

This obviously became, with William Smith's purchase, part of John Murray Peck's "Lebanon". The total of the two, which comprised lot 4 of Brewster's post-partition subdivision, was about the 34 acres that Lebanon's owners were assessed on over the years. Neither the 1st nor 2nd series index for Sir John Franklin mentions any sale of his 12 acres. I checked the index for Archibald McLachlan and Frederick Armand Powlett, who acted as his agents at various times. I checked the index for Dame Jane Franklin. There was no mention of this part of section 15, Doutta Galla! In desperation, I returned to the ground floor and consulted Doutta Galla microfiche 85 again.

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

Franklin's 12 acres. He 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.

References

(1) The Melbourne Story P.220.

(2) This envisaged government road seems to be a reference to the present Pascoe Vale Rd, which was a track through paddocks to Sydney at that time; travellers made a beeline to the Young Queen Inn just north of the creek and then passed through Broadmeadows Township, i.e. Westmeadows.

(3) Essendon Conservation Study, 1847 directory, rates, "Annals of Essendon" R.W. Chalmers.

(4) The same land Eleanore Barber had in 1900. White was either leasing the land or an agent for Barber.

(5) The Stopover That Stayed - G.Aldous, "Broadmeadows: A Forgotten History" A.Lemon.

Note:

(6) Paragraph edited 16 March 2017 - house name corrected from "Wanganui" to "Wannaeue" and some consequent changes - based on emailed advice from Ray Gibb.

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