William Selby Lowndes - Davies V Lowndes (1838) Litigation

Davies V Lowndes (1838) Litigation

Selby Lowndes was a party to the last action for recovery of land brought by writ of right before the Court of Common Pleas, heard before the Grand Assize of Buckinghamshire (a jury like body of four knights of the shire and twelve recogniters). At one time such actions had been dealt with by trial by battle, but such trials had been abolished in 1819. The whole form of action by writ of right procedure had been abolished by Parliament for the future, by the time this case was heard.

Selby Lowndes had won the first trial of the case, but on appeal the case was sent back for a re-trial. Lord Chief Justice Tindal and the other judges of the court presided at the trial at bar in Westminster Hall which started on 28 November 1838. Selby Lowndes was represented, as lead Counsel, by the Attorney-General Sir John Campbell.

The case concerned an estate known as Waddon Hall in Buckinghamshire worth between £4,000 and £5,000 a year. A Mr T.J. Selby had left the estate to his heir at law and if none could be found to a friend of his, who was then a Major of the Militia named William Lowndes, on condition he changed his surname to Selby Lowndes. Selby died in 1772. Many people claimed to be the heir-at-law but eventually the claims were all dismissed. By 1783 Lowndes, the father of the subject of this article, had changed his name and inherited the estate. Selby Lowndes father had settled the estate upon him, on his marriage.

The day before the applicable sixty year limitation period for a claim of this nature expired on 6 December 1832, a Mr Davies claimed the estate on the basis that he was the heir at law of the late Mr Selby.

The grand assize found for Selby Lowndes.