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What was the Court of Chancery case between Joseph Johnson and Frances Newton?


mistertaylor

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From the National Archives, there's an 1847 case involving Joseph Johnson and Frances Newton - I've searched online, newspapers.com and the British Newspaper Archive for details but haven't really found anything. There's a mention that the case was being heard that day in the The Morning Post 28th July 1848, another in The Morning Chronicle 23rd July 1850 and another in The Morning Post on 9th Dec 1850 which just says "re London Dock Company".

Details from the National Archives description:

Quote

Cause number: 1847 I/J31.

Short title: Johnson v Newton.

Documents: Bill, certificate, three answers, replication, bill.

Plaintiffs: Joseph Johnson and wife.

Defendants: Frances Newton, George Ridge, John Hemingway, Richard Cowlishaw and wife, John Peckett and wife, George Cooper and wife, Samuel Wall and wife, Elijah West, Samuel Johnson and wife, John Vickers Stacey, Ebenezer Stacey, Hester Stacey (deleted), Thomas Milner and wife.

Amended by order in 1848. Ann Vickers, John Steel and wife added as defendants

https://discovery.nationalarchives.gov.uk/details/r/C7931952

Elijah West, John Vickers Stacey and Ebenezer Stacey would have been the Britannia Metal manufacturers.

What could this case have been about?

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John Vickers (baptised 14th May 1768 son of James) of Glossop Road, Broomhill (Gentleman, formerly a Britannia metal manufacturer of Garden street) died on the evening of 21st May 1842. His will was proved in September 1842 (Borthwick ref 1842091845050303/6590).

The 1847 case seems to have been a dispute between Johnson, a beneficiary of Vickers' will, and the executors (Newton, Ridge, Hemingway and others) who had allowed £2,046 to remain in Parker, Shore and Co.'s bank which failed in 1843. The money was lost, some of which had been there on Vickers' death and some had been paid in since.  In 1850 Creditors were asked to prove their debts or be excluded from the benefits awarded under the High Court of Chancery decree. As part of the same decree, in 1852 2 plots of land were sold - 3256 square yards adjoining Vickers' house, and land including 10 houses and 2 workshops at the corner of Ball street and Green Lane. In May 1853 Johnson had another try at suing the executors but as the Johnsons had been offered a partial payout by the executors before the bank failure, and had declined, the suit was not proved.


Some possible identification of the parties, possibly including witnesses to the will as well as executors:
Joseph Johnson - was this the Fargate China and Glass merchant?
Francis Newton, merchant of Broom-bank, Clarkehouse Road
Richard Cowlishaw, commercial agent, Hanover street
John Peckett, mason of Ecclesall Road
Samuel Wall, sawmaker of Glossop Road

 

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Thank you (again!) Edmund.

Presumably, the property mentioned on the corner of Ball Street and Green Lane would have been opposite Cornish Place and the Ball Inn (more recently the Milestone), and would have become Brooklyn Works for Alfred Becket & Sons (which best I can see was built mid-19th century)?

https://maps.nls.uk/geo/explore/#zoom=19.0&lat=53.38997&lon=-1.47625&layers=117746211&b=1

Edited to add that I have a copy of John's will from a recent visit to the Sheffield Archives, but haven't transcribed it yet - hopefully will reveal some details.

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When Ball street carriage bridge replaced the previous dilapidated footbridge in 1899 it generated a lot more traffic in Ball street, hence very quickly a widening scheme was put in place. The back to back cottages opposite the Ball Inn were demolished, and Brooklyn Works was expanded westwards into the area left over, probably immediately following the road widening.

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Summary of John Vickers' (1768 - 1842) will dated 18th August 1841:

  • Sheffield Public Dispensary - £100
  • Red Hill School in Sheffield (Wesleyan Methodists) - £100
  • Methodist Preachers Fund (connected with the late Rev. John Wesley and of which the Rev. Henry Moor and Rev. Jabez Bunting are preachers) - £100
  • British & Foreign Bible Society in London (of which the Right Honourable Lord Leighnmouth is President) - £100
  • Methodist Benevolent Society (of which the late Mr. Samuel Owen was President) - £100
  • Sheffield Aged Female Society - £100
  • John Vickers' wife Ann Vickers - his gold lever watch with the chain and seals attached, and several articles of his household furniture to the value of £100 of her choice.
  • Francis Newton of the firm Greaves & Newton, George Ridge (stationer), and John Hemmingway (bookkeeper) - friends of John Vickers - all his freehold messuages land & hereditaments, to be sold and the proceeds to be distributed as follows:
    • £10 a piece to Newton, Ridge and Hemmingway as a "slight acknowledgement for the trouble they will have in the execution of my will"
    • All debts owed and and expenses of his funeral and the proving of his will to be paid.
    • A sum of money to be invested in the three per centum consolidated bank annuities that will produce a clear yearly sum of £100 sterling. This amount is to be paid to his wife Ann Vickers during her lifetime.
    • £100 to John Raywood (Ann Vickers' son).
    • £100 to Sarah, the wife of Rev. Benjamin Firth (Ann Vickers' daughter).
    • The residue of the trust monies and effects to be divided equally among all his nephews and nieces, the children of his deceased sisters Mary Butcher, Elizabeth West, and Hannah Stacey, who shall be living at his death.

Total amount sworn under £14,000.

Interesting to also note that the property at Garden Street was left to Ann Vickers by John's father, James, in which John's will says she has a life interest.

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Another document from the same bundle shows that George Ridge, Francis Newton and John Hemmingway sold some of John Vickers' property at the corner of Campo Lane and Vicar Lane, at the time in the occupation of Mr Marsden (joiner and builder), consisting of a dwellinghouse, joiner's shops, saw pits and spacious yards to James Cutts (bone cutter) on the 2nd December 1843 for £470.

From White's Directory 1846: Cutts, James, buck, stag, and bone cutter, Vicar lane ; h Bank view

It seems that the property was inherited by John Vickers from his late wife Martha Kirk, who inherited it from her mother, also named Martha Kirk.

This 1784 map, ref arc03118 on Picture Sheffield, shows the location and is marked as "John Kirk".

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