Hodson v Lord Clonbrock

Extract from Galway Assizes. Summer, 1831, before Mr. Justice Vandelure.

The following is an outline of an interesting case, which occupied the court for two days.

In 1765 Lord Eyre leased to John Donelan, of Ballydonelan, certain lands called Clonkeen, containing 93 acres, for three lives, of whom Malachy Donelan was the survivor.

Some years afterwards - in 1773 - a Mr. Hodson, the ancestor of plaintiff, purchased the lands from Eyre, subject to the lease.

There were several other denominations of land adjoining called Clonkeen also, of which four or five were granted to the Donelan family at different times and were in 1831 called "Clonkeen Donelan," another called "Clonkeen Lorcan" were at that date in the possession of Lord Clancarty. Mr. Hodson's was called "Clonkeen Eyre."

A photograph of Lord Clonbrock (presumably the son of the Lord Clonbrock of this story) in the doorway of Clonbrock castle; this photograph was taken on 2 June, 1900 and is part of the Welsh collection at Galway library.

A road leading from Ballydonelan to Aughrim, by Ballyeighten (as was contended by plaintiff) ran directly through "Clonkeen Eyre," leaving about one half on the south side of the road going towards Aughrim, and for that half defence was taken in the name of Lord Clonbrock, but really by Mr. Donelan, as a sale lately made of part of the Ballydonelan estate the acres so in dispute to the number of 47, were conveyed to Lord Clonbrock as being a part of "Clonkeen Donelan," and of another denomination called Lurga.

By a consent entered into, title was admitted on both sides, and the simple question for the Jury was "whether these 47 acres were the estate of Hodson or of Lord Clonbrock."

A writ of view was had, and previously to the Assizes some of the Jury were on the lands, and the mearings were pointed out to them by persons nominated for the purpose by the parties respectively.

There was as is usual in such cases, evidence of a conflicting nature produced on both sides, but the great weight of it lay on the side of the defendant, but a number of the Jury, however, were of a contrary opinion, and after a discussion lasting two hours in the Jury room, the jury was discharged by consent.

In reporting the case The Western Argus stated:

"Should the plaintiff again try a Galway Jury we think he will find it difficult to procure one in the County (famed as it unquestionably is for the honour and intelligence of its Jurors) who will agree in thinking that Malachy Donelan and our respected, valued, and most lamented friend the late John Donelan, would have sold to Lord Clonbrock 47 acres of another man's estate for valuable consideration, knowing it to be such - for to such conclusion in fact must they come if they find for Mr. Hodson."