DesBarres vs Tenants
1815 DesBarres Dispute with Tenants
Several of DesBarres' tenants from Yorkshire had emigrated to escape conditions imposed by their landlords in the old country. An absent and indifferent landlord may have initially afforded some advantages to DesBarres's tenants, who received very favourable terms from Mary Cannon. However, DesBarres' penchant for litigation and the deterioration of his relationship with Mary Cannon eventually caused problems for the tenants already settled and invested in their properties.
Newly dismissed from his position as governor of Prince Edward Island, the 91-year old DesBarres had moved to Amherst in November of 1812. According to James S. Morse, who had been acting as DesBarres agent, DesBarres was "much embarrassed by his circumstances and owing to the prejudices which existed against him in consequence of the dispute which had arisen between him and his tenants, could obtain little or no credit in the country." DesBarres had to appealed James S. Morse for assistance and Morse had provided DesBarres and his family with a house and a monetary advance. Morse's expense accounts show that he rented a house from Philip Freeman, so perhaps this is where DesBarres lived. (DesBarres Papers, Series 5 (M.G. 23, F1-5, Vol. 25) Estate papers and suits, 1824-1857. Reel C-1461, document #6605, image 426.)
Frustrated that his leased properties were producing little income, DesBarres began, for the first time in decades, to take an active interest in managing the properties himself. DesBarres had originally granted legal Power of Attorney to Mary Cannon and she had granted 990 year leases with extremely favourable terms to his tenants. DesBarres was furious with his former mistress, whom he now called "the imposter". He also railed against the tenants from Yorkshire, especially those who had purchased their leases from earlier lease holders. Many of these agreements had been registered in the official deed books, and Mary Cannon had collected rents from the tenants for years. However, DesBarres deemed the practice illegal and viewed the leases as "abominable forgeries". DesBarres's account of the supposed treachery of his mistress and tenants, especially those from Yorkshire, makes a great read! (See the DesBarres Papers, Series 5 (M.G. 23, F1-5, Vols 22-23) Land Correspondence 1813-1824. Reel C1460, image 294-307, pp. 5245-5259.)
The DesBarres tenants had foreseen a challenge to their leases as early as 1795, when settlers expressed their concerns during Captain John MacDonald's visit. According to MacDonald, the settlers had become so alarmed that they had stopped building and making improvements. MacDonald was forced to assure them in writing that he would secure DesBarres's affirmation of their leases by the end of April. It's unlikely that DesBarres ever affirmed their leases, because the tenants' apprehensions were correct. In 1800, DesBarres sent a copy of his Power of Attorney agreement and the lease of William Pipes to attorney Richard Uniacke to determine their validity. Uniacke thought that the power of attorney and lease were both poorly constructed and the lease could be broken. (DesBarres Fonds online, Series 2, Reel C-1455, image 744-745.)
DesBarres and his tenants eventually reached an impasse, with DesBarres refusing to recognize his tenants' leases and the tenants refusing to pay any rents. In 1815, DesBarres attempted to eject "the forger" Henry Ripley from the sub-leased property he had purchased from Jean Gallant, but Henry prevailed in court. In a lengthy testimonial justifying the expenses he had accrued on behalf of DesBarres, James S. Morse stated that the tenants of DesBarres "combined together and entered into agreements and bound themselves to contribute personally to the expense of defending their possessions and to bear each a proportion of the costs of all actions brought against them." After Henry Ripley's victory in court, the tenants were further resolved in their mutual support. However, James S. Morse claimed that he "having much personal influence with Ripley at length persuaded him to surrender up his old lease and make an offer to purchase." Other Maccan tenants then followed suit. (DesBarres Papers, Series 5 (M.G. 23, F1-5, Vol. 25) Estate papers and suits, 1824-1857. Reel C-1461, document #6607, image 428.)
The dispute between DesBarres and his tenants is well-documented elsewhere. However, Morse's claim regarding Henry Ripley should be taken with a grain of salt as his comments were made in the context of a lawsuit defending the expenses he had charged the DesBarres estate, including a 500-pound commission for his part in negotiating many of the land sales in Maccan.
Several of DesBarres' tenants from Yorkshire had emigrated to escape conditions imposed by their landlords in the old country. An absent and indifferent landlord may have initially afforded some advantages to DesBarres's tenants, who received very favourable terms from Mary Cannon. However, DesBarres' penchant for litigation and the deterioration of his relationship with Mary Cannon eventually caused problems for the tenants already settled and invested in their properties.
Newly dismissed from his position as governor of Prince Edward Island, the 91-year old DesBarres had moved to Amherst in November of 1812. According to James S. Morse, who had been acting as DesBarres agent, DesBarres was "much embarrassed by his circumstances and owing to the prejudices which existed against him in consequence of the dispute which had arisen between him and his tenants, could obtain little or no credit in the country." DesBarres had to appealed James S. Morse for assistance and Morse had provided DesBarres and his family with a house and a monetary advance. Morse's expense accounts show that he rented a house from Philip Freeman, so perhaps this is where DesBarres lived. (DesBarres Papers, Series 5 (M.G. 23, F1-5, Vol. 25) Estate papers and suits, 1824-1857. Reel C-1461, document #6605, image 426.)
Frustrated that his leased properties were producing little income, DesBarres began, for the first time in decades, to take an active interest in managing the properties himself. DesBarres had originally granted legal Power of Attorney to Mary Cannon and she had granted 990 year leases with extremely favourable terms to his tenants. DesBarres was furious with his former mistress, whom he now called "the imposter". He also railed against the tenants from Yorkshire, especially those who had purchased their leases from earlier lease holders. Many of these agreements had been registered in the official deed books, and Mary Cannon had collected rents from the tenants for years. However, DesBarres deemed the practice illegal and viewed the leases as "abominable forgeries". DesBarres's account of the supposed treachery of his mistress and tenants, especially those from Yorkshire, makes a great read! (See the DesBarres Papers, Series 5 (M.G. 23, F1-5, Vols 22-23) Land Correspondence 1813-1824. Reel C1460, image 294-307, pp. 5245-5259.)
The DesBarres tenants had foreseen a challenge to their leases as early as 1795, when settlers expressed their concerns during Captain John MacDonald's visit. According to MacDonald, the settlers had become so alarmed that they had stopped building and making improvements. MacDonald was forced to assure them in writing that he would secure DesBarres's affirmation of their leases by the end of April. It's unlikely that DesBarres ever affirmed their leases, because the tenants' apprehensions were correct. In 1800, DesBarres sent a copy of his Power of Attorney agreement and the lease of William Pipes to attorney Richard Uniacke to determine their validity. Uniacke thought that the power of attorney and lease were both poorly constructed and the lease could be broken. (DesBarres Fonds online, Series 2, Reel C-1455, image 744-745.)
DesBarres and his tenants eventually reached an impasse, with DesBarres refusing to recognize his tenants' leases and the tenants refusing to pay any rents. In 1815, DesBarres attempted to eject "the forger" Henry Ripley from the sub-leased property he had purchased from Jean Gallant, but Henry prevailed in court. In a lengthy testimonial justifying the expenses he had accrued on behalf of DesBarres, James S. Morse stated that the tenants of DesBarres "combined together and entered into agreements and bound themselves to contribute personally to the expense of defending their possessions and to bear each a proportion of the costs of all actions brought against them." After Henry Ripley's victory in court, the tenants were further resolved in their mutual support. However, James S. Morse claimed that he "having much personal influence with Ripley at length persuaded him to surrender up his old lease and make an offer to purchase." Other Maccan tenants then followed suit. (DesBarres Papers, Series 5 (M.G. 23, F1-5, Vol. 25) Estate papers and suits, 1824-1857. Reel C-1461, document #6607, image 428.)
The dispute between DesBarres and his tenants is well-documented elsewhere. However, Morse's claim regarding Henry Ripley should be taken with a grain of salt as his comments were made in the context of a lawsuit defending the expenses he had charged the DesBarres estate, including a 500-pound commission for his part in negotiating many of the land sales in Maccan.
Land Purchases after 1815
DesBarres began to sell off properties to his tenants in 1816. Tenants surrendered their leases for the opportunity to purchase their own property and, in some cases, adjacent lands. On the west side of the Maccan River, the heirs of James Metcalf, Harrison's son William, and Peter Wood purchased their leased properties. On the east side of the Maccan, Samuel McCully, William Ripley, the heirs of William Pipes and William Blinkhorn, also purchased their leased properties. South of the Nappan, Peter Noiles took a mortgage of 850 pounds with DesBarres. Henry Ripley increased his original 76 acres to 600. The southern portion of the new property was probably wilderness previously not leased.
DesBarres began to sell off properties to his tenants in 1816. Tenants surrendered their leases for the opportunity to purchase their own property and, in some cases, adjacent lands. On the west side of the Maccan River, the heirs of James Metcalf, Harrison's son William, and Peter Wood purchased their leased properties. On the east side of the Maccan, Samuel McCully, William Ripley, the heirs of William Pipes and William Blinkhorn, also purchased their leased properties. South of the Nappan, Peter Noiles took a mortgage of 850 pounds with DesBarres. Henry Ripley increased his original 76 acres to 600. The southern portion of the new property was probably wilderness previously not leased.
Resolution?
The 1350-acre grant to Samuel McCully and others that lay in the triangular gore between DesBarres and Amherst was issued in 1816; its eastern boundary on the Amherst Line ran N45E along the Gmelin Line. In 1817, DesBarres moved to Halifax. It is tempting to believe that these events indicate the boundary dispute between DesBarres and Amherst had been resolved, but it had not.
Surveyor General Charles Morris and DesBarres exchanged a few more letters over the next few years but eventually Morris washed his hands of the dispute entirely and suggested the parties go back to court. Keiver and Casey brought a suit against the Goulds, but I haven't been able to find details on that suit. Jedore and Francis Gould declined to purchase their properties and continued with new leases, agreeing to pay an annual rate of 3 pounds. However, after years of litigation they could ill afford, the Goulds were finally persuaded to give up their leases.
The 1350-acre grant to Samuel McCully and others that lay in the triangular gore between DesBarres and Amherst was issued in 1816; its eastern boundary on the Amherst Line ran N45E along the Gmelin Line. In 1817, DesBarres moved to Halifax. It is tempting to believe that these events indicate the boundary dispute between DesBarres and Amherst had been resolved, but it had not.
Surveyor General Charles Morris and DesBarres exchanged a few more letters over the next few years but eventually Morris washed his hands of the dispute entirely and suggested the parties go back to court. Keiver and Casey brought a suit against the Goulds, but I haven't been able to find details on that suit. Jedore and Francis Gould declined to purchase their properties and continued with new leases, agreeing to pay an annual rate of 3 pounds. However, after years of litigation they could ill afford, the Goulds were finally persuaded to give up their leases.
Continue on The Gould Properties