Lawsuits

We can thank our litigious ancestors for the glimpses their often petty lawsuits gave into their lives.

So a complaint by Johanna Lawler, widow, against John English (farmer) on 9 Apr 1872, informs us that on the 26 and 28 of March he let five pigs trespass on her new fences.  They uprooted the quicks planted in said fences.

On 5 Sep 1870 John English (farmer)  filed a complaint against Margaret English (married) stating that on the 20th of August in Gullane she assaulted him by stricking him several blows on the face with her fist.  Thomas and Honorie English also both of Gullane spoke in her defense and the charges were dismissed on the merits and without costs.

John then accused Thomas English Sr. (farmer) of Gullane of assaulting his wife Margaret on the same day by taking from her by force and violence a tin can and cut her in the leg.  John asked that Thomas be bound to peace towards himself and his family.  Thomas English spoke for John.  These charges were also dismissed without merit.

The drama had just begun, John next accused Thomas English Jr. (laborer) of causing him a personal injury. He accused Honoria and May English of aiding and assisting Margaret English of assaulting his wife (Margaret English) and asked that they be bound to peace toward him and his family.  All the charges were dismissed on merit and without cost.

Thomas English then accused Margaret English (married) of wilful trespass for entering his land and taking water from his well, he went on to accuse John of trespass and using force and violence to assist his wife in taking water from his well.  These charges were also dismissed on merit and without cost.

Relations between these brothers and their families did not necessarily improve.  On 15 Apr 1872 Margaret (married) most likely the wife of Thomas complained that John had called her scandalous names without any cause.  Stating that she is afraid that he will do so again, she asks that he be bound for future good behavior towards her. John in turn complained that she had assaulted and beaten him and also accused her son Thomas Jr. of calling him a perjurer and of  encouraging his mother to assault and beat him.  He asked for Thomas Jr. to be bound in peace towards him.  All three complaints show there was no appearance in court.

On 8 Oct 1877 Thomas English accused John of allowing his pigs to trespass on his land cropped with potatoes. You can find these as well as many other "family" petty court sessions by clicking on the link below.

Adding to the confusion of the records is the fact that both brothers had married Margarets.  John married Margaret Carroll and Thomas married Margaret Costello.  And both Thomas and John had sons Thomas and John.  Thomas remained in East Gullane where he passed away in 1884, but at this point it is unknown whether John remained.  His name remains in the Valuation books, but no death has been found for him.  There is a census record in 1880 in Minneapolis that could be him.  Perhaps the digitization of the remaining death records for Gullane will give further clues.

Gullane Petty Sessions Court Records (English, Lawler, Carmody connections)

Irish Petty Sessions Court Records - Irish Genealogy Toolkit (more about the records)

Ireland, Petty Sessions Court Registers on Find My Past  index free

Athleague Area

The area around Athleague was the home to the Delmores, Somers and Curleys. The pictures here were taken along the road going through Rahara, Lackan and on to Athleague.

In 1749 Luke Delmore was a cotter(1) in Lackan. He has two children under age 14 and one child over age 14 all Papists.

There are various definitions for cotter/cottier.  The time period and place in Ireland can be relevant.  In this case I believe that cotter meant a peasant renting a small piece of land under a system of renting land to the highest bidder as opposed to one having the use of a cottage and small garden in exchange for labor for the farmer.  However, that is only a guess based on the fact that there are two cotters and four laborers as well as a weaver listed in the townland.  The size of the holding is not listed in this Elphin Census, again there is a disparity in definitions giving the size of cottiers holdings, some saying that they are generally 1 to 1 1/2 acres in size and others saying they might be as much as ten acres.  Nearby townlands also use the term tenant as an occupation, so how that differs is unknown at this point.

In 1830 Luke Dilmar had a 3 acre holding with a partner in Keenagh.  No family information was included in the Tithe Applotments, we do know that Luke had two sons Luke and Francis born 1816 and 1819, but their christening records do not give a townland. This is the right parish. No other Luke D? was found elsewhere so it seems likely he was either living on this land or living in a town big enough that it was not enumerated. The tithe applotments were limited to rural areas.

Somers and Curley's could be found in Tremain. 

Pictures in Dropbox


(1) There are different definitions of Cottier / Cotter Tenure.  One definition states that a cottier is a peasant renting a small piece of land under a system of renting land to the highest bidder. A second definition states that a cottier was one having the use of a cottage and small garden in exchange for labor for the farmer. Different definitions state the size of a holding could be one to one and a half acres, others state the holdings might be as big as ten acres. It is assumed that the definition for Luke in 1749 fits more with the first definition as he is one of two cotters listed in Lacken and there are four men listed as laborers as well as one with no occupation and a weaver.