The Insolvency Sale
Of
James CUST


James CUST, James DOBSON, J. & R. PILKINGTON and others, were forced into insolvency when William BATEMAN Jnr. & Co., to whom they owed money for materials, went bankrupt.
Most of the records pertaining to the land owned by James CUST were lost in a fire and ownership of some lots was under question as late as 1990, when "Adverse Possession" claims were still before the courts.

From 'The Warrnambool Examiner', Jan 1858.


WARRNAMBOOL.

Great Sale of Lands and Freehold Properties, in the
Western District.



In the Insolvent Estates of William Bateman Jun., and Co., of Warrnambool, Merchants; of James Cust, of Warrnambool, Landowner; of Joseph Dobson, of Warrnambool, Innkeeper; of Philip Young, of Warrnambool, Farmer; of J.C. and A. Mathieson, of Warrnambool, Farmers; and others in the same District By Order of Richard Learmonth, Esq, Official Assignee of the Geelong District (with the concurrence of the Mortgagees, and Others interested).



SAMUEL MACGREGOR, OF WARRNAMBOOL, and WHEATLEY and BLISS, of Melbourne, have been instructed by Richard Learmonth, Esq., the Official Assignee of the Geelong District, (with the concurrence of the mortgagees and others interested), to submit to public competition, at the Royal Archer Hotel, Warrnambool, on Monday and Tuesday, 25th and 26th January, 1858, commencing at twelve o’clock each day,
The following landed and freehold properties, connected with the above estates, situated in the before-named rich, highly-favoured, well-watered and flourishing district, viz.:-

(Lots 1 and 2, consisting of Dobson’s Royal Archer Hotel, furniture, fittings, and stock- in -trade, being omitted on account of having been sold by private contract.)

Lot 3. One undivided freehold moiety of suburban allotment No 107, parish of Wangoom, containing 27 acres 2 roods 16 perches, situate immediately adjacent to the River Merri, below Dennington Bridge, and abutting on the township Reserve. The land is fenced on three sides, and under cultivation. The remaining moiety is leased by Joseph Dobson for four years from the *****
at £50 per annum, from the trustees of Mrs Bateman’s settlement, the benefit of which can be secured by the purchaser. The present vendor, however, declines to guarantee the transfer of the lease.

Lot 4. A freehold allotment in Lava -street, Warrnambool, being No. 15 of section 23, containing 1 rood.
This allotment is in the northern portion of the town, situate on the rising ground, and adjacent to the Woodford road, having a fine view of the Bay.

Lot 5. A freehold allotment in the same street, being No. 17 of section 22, containing 1 rood.
This is situate to the east of the last lot.

Lot 6. Freehold allotment adjoining the last, being No. 28 of section 22, and also 1 rood.
These last four lots will be sold by the vendor as Official Assignee-clear of encumbrance, and possession given on acceptance of the title.

Titles - Crown Grants.

In the estate of James Cust, an Insolvent,
Warrnambool.


Lot 7. Stone-built freehold residence, containing three parlours, four bedrooms, kitchen, pantry, and out-offices; with cultivated garden, & c., situate in Henna street, Warrnambool.
The whole comprising a full half-acre of land, being lot 4, of section 14, of the township, and forming a complete gentleman’s residence, commanding a fine view of Lady Bay and the Southern Ocean.

Lot 8. Freehold allotment adjoining last lot, being part of lot 3, of section 14, having 82 feet 6 inches to Henna street, by a depth of 132 feet; forming in fact part of the garden of last named premises, but held under separate title; this and the last lot are now in the occupation of John McMahon Allan, Esq., J.P.

Lot 9. A four-roomed freehold stone house and yard forming allotment part of lot 12 of said section 14, having--feet 6 inches frontage to Ryot street, by 132 feet depth, together with stable and the joint use of the well with the proprietors of the adjoining property. possession of the three last lots will be given after one month from the day of sale, on acceptance of the title.

Lot 10. Freehold allotment in Henna street, Warrnambool, being part of lot 12, of section 2, having a frontage of 39 feet 6 inches by a depth of 100 feet, abutting on one side upon a right of way 15 feet wide, and running back to a continuation of same right of way 33 feet in width.

Lot 11. Freehold allotment, being part of lots 19 and 20 of section 8, of , Warrnambool, having a frontage to a 20 feet right of way running out of Timor street at its eastern extremity, containing 132 feet in length by 41 feet 3 inches in breadth.
The deeds of the four last named lots respectively relate to the adjoining properties, and the respective purchasers will have to enter into covenant for production of such deeds to the other parties interested.

Lot 12. Freehold allotment, corner of Banyan street and Lava street, being the northern portion of lot 4 of section 19, having 82 feet 6 inches frontage to Banyan street, 112 feet frontage to Lava street, and 182 feet 6 inches frontage to a reserved street 20 feet wide, called Cust street, running through from Lava street to Koroit street.

Lot 13. Similar allotment adjoining, being the southern portion of same lot 4, having similar frontages to Banyan street and to Cust street. The title deeds of lots 12 and 13 will be delivered to the purchaser of the lot lastly sold, he covenanting to produce to the other parties interested.

Lot 14. Similar allotment adjoining, being northern portion of lot 3, section 19, having frontages similar to the last lot.

Lot 15. Similar allotment adjoining, being southern portion of same lot 3, having frontages similar to the last lot.
Title deeds of lots 14 and 15 will be delivered to the purchaser of the lot lastly sold, he covenanting to produce to the other parties interested.

Lot 16. Similar allotment adjoining, being the northern portion of lot 2, section 19, having similar frontage to the last lot.

Lot 17. Similar allotment adjoining, being southern portion of same lot 2, having frontages similar to the last lot.
Title deeds of lots 16 and 17 will be delivered to the purchaser of the lot lastly sold, he covenanting to produce the same to the other parties interested.

Lot 18. Similar allotments adjoining, being northern portion of lot 1, section 19, having frontages similar to the last lot.

Lot 19. Allotment adjoining corner of Banyan street and Koroit street, being southern portion of same lot 1, having frontages similar to last lot and also a frontage of 112 feet to Koroit street.
Title deeds of lots 18 and 19 will be delivered to the purchaser of lot lastly sold, he covenanting to produce to the other parties interested.

Lot 20. Freehold allotment, corner Koroit street and Cust street, being the southern half of lot 20, section 19 having frontages of 66 feet to Koroit street and 66 feet to Cust street.

Lot 21. Similar allotment adjoining, in Koroit street, being southern half of lot 19, section 19, having a frontage of 65 feet to Koroit street by a depth of 165 feet.

Lot 22. Freehold allotment at rear of two last lots, having a frontage to Cust street of 82 feet 6 inches by a depth of 132 feet.

Lot 23. Similar allotment adjoining, having a similar frontage and depth as the last lot.
Title deeds of lots 20, 21, 22, 23, will be delivered to the purchaser of the lot lastly sold, he covenanting to produce to the other parties interested.

Lot 24. Freehold allotment corner of Liebeg street and Lava street, having frontages of 82 feet 6 inches to Liebeg street and 132 feet to Lava street, being northern half of lot 11, section 9.

Lot 25. Similar allotment adjoining, having a similar frontage to Liebeg street by a depth of 132, being the southern half of lot 11.

Lot 26. Freehold allotment, corner of Kepler street and Lava street, having a frontage of 82 feet 6 inches to Liebeg street and 132 feet to Lava street, being the northern half of lot 11, section 18, Warrnambool.

Lot 27. Similar allotment adjoining, having similar frontage to Kepler street by a depth of 132 feet, being the southern half of same lot 11, section 18.
The title deeds of the last two lots will be given to the purchaser of the lot lastly sold, he covenanting to produce to the other parties interested.

Lot 28. Freehold allotment, corner of Kepler street and Lava street, opposite lot 26 and having similar frontages, being the northern half of lot 4, section 17, Warrnambool.

Lot 29. Similar allotment, adjoining last lot, and opposite lot 27, having similar frontages and depth, being southern half of said lot 4, section 17.
The title deeds of last two lots will be given to the purchaser of the lot lastly sold, he covenanting to produce to the other parties interested.

Lot 30. Freehold allotment fronting Lava street, of rear of last two lots, having a frontage of 66 feet by a depth of 165 feet, being lot 5, section 17, Warrnambool.

Lot 31. Freehold allotment, corner of Kepler street and Koroit street, having frontages of 82 feet 6 inches to Kepler street, and 132 feet to Koroit street.
The title deeds of this lot relate to other property, and will be delivered to the purchaser upon his covenanting to produce to the other parties interested, and such covenant being accepted by them.

Lot 32. Freehold allotment in Henna street, Warrnambool, having frontage of 82 feet 6 inches by a depth of 132 feet, being the northern half of lot 5, section (3?)5.

Lot 33. Similar allotment adjoining, with similar frontages and depth, being the southern half of same lot 5.
The title deed to the last two lots will be delivered to the purchaser of the lot lastly sold, he covenanting to produce to the other parties interested.

Lot 34. Freehold allotment, corner of Timor street and Ryot street, having a frontage of 66 feet to Timor street and 150 to Ryot street, and abutting to a reserved road 15 feet wide, being (with such reserved road) the western half of lot 11, section 1, Warrnambool.

Lot 35. Adjoining allotment, having a frontage of 66 feet to Timor street by a depth of 165 feet, being the eastern half of same lot 12, together with the last mentioned reserved road 15 feet wide, leading into Ryot street from the rear of the now described allotment.
The deeds of the last two lots will be delivered to the purchaser of this lot on his covenanting to produce the other parties interested and such covenant being accepted.

Lot 36. Freehold allotment in Kepler street, Warrnambool, adjoining the land belonging to the Bank of Australasia, and reserved for the intended new branch of the establishment, having a frontage of 82 feet 6 inches by a depth of 153 feet, being the southern half of lot 13, section 11, Warrnambool.
Out of this lot is received a right of way of 6 feet wide along its entire southern side, which with a corresponding reserve 9 feet wide, agreed for by the Bank of Australasia, will form a road of 15 feet wide to the well situated between the properties, and to which all persons interested in lot 13 of section 11, and in the Bank’s lot, are to have the right of access.

Lot 37. Adjoining allotment in Kepler street, having similar frontage and depth, being the northern half of lot 13, section 11.
The purchaser of this lot will have the right of access to the abovenamed well.
The deeds of the last lots will be given to the purchaser of lot 36, on his covenanting to produce same to the other parties interested, and for using said right of way.

Lot 38. Freehold allotment in Merri street, being lot 15 of section (?), having a frontage of 66 feet by a depth of 330 feet. This lot adjoins the Warrnambool branch of the Bank of Victoria.

Titles - Crown Grants.


Lot 39. Two storied stone built tenement in Liebeg street, Warrnambool, now subdivided into three dwellings but constructed so as to be used as one, together with 82 feet 6 inches frontage of land, by a depth of 132 feet, being the southern portion of lot 10 of section **, Warrnambool.
This property is excellently situated in the centre of Warrnambool. The building contains six rooms on the ground floor and six rooms on the upper floor, and is capable of being converted either into three shops or into a public house, for which it was originally intended.
The land sold with it gives an extra frontage unbuilt upon of 32 feet, and there is an excellent well, used in common with the next described lot.

Lot 40. Freehold allotment adjoining the last, being the northern half of lot 13 of section 10, Warrnambool, having a frontage of 82 feet 6 inches to Liebeg street, by a depth of 132 feet, together with the right to use the last named well, in common with the persons interested in the adjoining property.
The title deeds of the last two lots will be delivered to the purchaser of the last sold, he covenanting to produce the same to the others interested.

Lot 41. Freehold allotment in Koroit street, being lot 9 of section 10, Warrnambool, having a frontage of 66 feet by a depth of 330 feet.

Lot 42. Similar allotment adjoining, being lot 10 of section 10, having similar frontages and depth.

Lot 43. Freehold allotment in Banyan street, being southern half of lot 2 of section 10, Warrnambool, having a frontage of 82 feet 6 inches, by a depth of 132 feet.

Lot 44. Similar allotment adjoining, being the northern half of said lot 2, having similar frontage and depth.
The last two lots are used as a timber yard, in the occupation of Messrs Rutlege, Macgregor and Co.
The title deeds of both lots will be delivered to the purchaser of the last lot sold, on his covenanting to produce to the other parties interested.

Lot 45. Freehold allotment in Banyan street, being lot 18 of section 23, Warrnambool, having a frontage of 82 feet 6 inches by a depth of 132 feet.

Lot 46. Excellent freehold plot of four acres 3 roods or thereabouts, cleared and under cultivation, adjoining the town boundary and reserve, being part of suburban section 121, having a frontage of five chains to a Government road, to the reserve of nine and a half chains, and to a reserved road one chain wide, running north and south through the section of five chains.

Lot 47. Similar plot of 5 acres and 2 perches, or thereabouts, adjoining the last on its northern side, being part of same section, and having frontage of 6 chains 32 links each to a Government road, and to said reserved road, and also of 9 1/2 chains to another reserved road 33 feet wide, turning across the section.

Lot 48. Similar plot of 3 acres 2 roods 26 perches, or thereabouts, to the west of the last, being part of same section and having frontages of 3 chains 86 links each to said Government road, and reserved road 1 chain wide, and 9 1/2 chains to said road 33 feet wide.

Lot 49. Similar plot of 3 acres 2 roods 26 perches, or thereabouts, to the west of the last, being part of same section, and having similar frontages to the said reserved roads, and a frontage to another Government road 3 chains 96 links.

Lot 50. Similar plot of 6 acres 2 perches, or thereabouts, to the south of the last, being part of same section, and having a similar frontage to said reserved road 36 feet, and also frontages of 6 chains 33 links to the last mentioned Government road, and of 6 chains 66 links to said reserved road 1 chain wide.

Lot 51. Similar plot of 4 acres 3 roods, or thereabouts, adjoining the town boundary and reserve, to the south of last plot, being part of same section, and having frontages to the reserve of 9 1/2 chains, and to the said reserved road and last mentioned Government road of five chains each.
The above six lots are very suitable for suburban residences, being well situated outside the township, near the residence of John M. Ardlie, Esquire. A well of spring water is reserved for the use of the several purchasers. The deeds of the entire sections will be given to the purchaser of the last lot sold, he covenanting to produce same to the other parties interested.

Lot 52. Excellent freehold plot of 4 acres 1 perch or thereabouts, not cleared, on the northern side of the last named section, being the S.E. corner of suburban section 122 having frontages of 4 chains 22 links each to the Government road skirting the section on the eastern side and to the last named reserved road 1 chain wide.

Lot 53. Similar plot of 5 acres 1 rood 29 perches, on the northern side of the last, being the N.E. corner of said section 122, having frontages of 5 chains 72 links to the last named road.

Lot 54. Similar plot of 5 acres 1 rood 29 perches, to the west of the last, being the N.W. corner of said section 122, having similar frontages to said road, 1 chain wide, and also a frontage of 5 chains 72 links to said named Government road, skirting the section on the west side.

Lot 55. Similar plot of 3 acres 2 roods 26 perches, to the south of the last, having the S.W. corner of the same section, having frontages of 4 chains 22 links to the last named roads.
The purchaser of the 10 last lots will have a right of way over the roads reserved out of section 122, and the adjoining section No. 121, and the right to use the spring on that section.
The title deeds of the lots in section 122 will be given to the purchaser of the last lot sold, he covenanting to produce them to the other parties interested.

Lot 56. Freehold jetty allotment, fronting Lady Bay and the Harbour of Warrnambool, situate near the new jetty and the tramway terminus, having frontage to the Beach road of * feet, to a Government road of * feet, and to the beach of * feet, and being jetty allotment No. 9 of section 4.
This is a most valuable lot, having three frontages, and comprising all the land included in the Crown grant. The title deeds relating solely to it will be given to the purchaser.

Lot 57. Freehold allotment, near Riddle’s mill, fronting the road leading from the jetty to Pertobe Creek, and close to the tramway terminus, being part of jetty allotment 8 of section 1, having a frontage of 56 feet by a depth of * feet alongside a reserved road of 20 feet wide, reserved partly out of this and partly out of the adjoining property, and leading to the Merri River.

Lot 58. Freehold allotment at the rear of the last, and water frontage on the Merri River, and having a frontage of * feet to the last named reserved road, 20 feet wide, by a depth of 56 feet, being other part of said jetty allotment 8.
The title deeds of the last two lots will be handed to the purchaser of the last named lot, he covenanting to produce them to the other parties interested, and the half of the road reserved out of the jetty allotment 8 will be conveyed to him, he covenanting to reserve the same as a road to the Merri River for the use in common of proprietors of land abutting upon the same road.

Lot 59. Freehold allotment, being N.E. corner of Jetty allotment No. 2, section 2, having a frontage of 41 feet to said road leading from the jetty to Pertobe Creek by a depth of 153 feet to a right of way 12 feet wide reserved out of allotment 1 and 2 of section 2, leading to Pertobe Creek from the Government road leading to the Merri River.

Lot 60. Freehold allotment on the W. side of the last part of same jetty allotment No.2. with similar frontage and depth, and similar right of way to the creek.

Lot 61. Freehold allotment on the W. side of the last, being residue of said jetty allotment, No.2, abutting on the western side upon the Pertobe Creek, and having similar right of way at the rear from last named Government road leading to the Merri.
The deeds of the last three allotments will be given to the purchaser of the last lot sold, he covenanting to produce same to the other parties interested.

Lot 62. Freehold corner allotment on the W. side of the Pertobe Creek, beautifully situated on the rising ground, and commanding view to the Merri River and Warrnambool Harbour, having frontages of 5 chains 30 links to the road leading to the jetty, and 66 feet to a Government road from Warrnambool to the Merri and having water frontage to Pertobe Creek of 66 feet, being part of allotment 1, west of Pertobe Creek.
On this lot is a quantity of building stone, which the purchaser is to take at a valuation.

Lot 63. Similar allotment, adjoining the last part, being other part of the same allotment 1 having similar frontage to the creek and to the last mentioned Government road, leading from Warrnambool to the Merri.

Lot 64. Similar allotment, adjoining the last part of the same allotment 1, and having similar frontages.

Lot 65. Excellent plot of ground, comprising entire residue of said allotment 1, and having large water frontage on the Merri River and Pertobe Creek, being situate at the confluence of the two streams, and having a frontage to said Government road leading to Warrnambool to the river of 3 chains 40 links, by a depth alongside the last lot of 4 chains.
The last four lots form excellent sites for private residences, being equi-distant from the jetty and the town.
The purchaser of the last lot sold will have the title deeds, covenanting to produce same to the other parties interested.

Lot 66. Excellent plot of ground, beautifully situated on the Hopkins River, having splendid views of it’s banks, and of Lady Bay and the Southern Ocean, and being near to the township reserve, at the eastern side of Warrnambool, and the Botanical Garden, being western half of allotment No. 26, parish of Warrnambool, having a frontage of *** to a Government road, by a depth of ***.

Lot 67. Similar plot, being eastern half of said allotment 26, having similar frontage and depth.
The last two lots are near the Hopkins Boat House, and form excellent sites for private residences.
The purchaser of the last sold of the two lots will have the title deeds covenanting to produce same to the other parties interested.

*********************



Since the foregoing advertisement was originally compiled, the following properties have been arranged for absolute sale.


In the estate of James Cust.


Four allotments, each containing half an acre, situate in the parish of Framlingham.
Allotment 2 of section 2, situate in the parish of Woolsthorpe, containing half an acre.
Another allotment in the same parish, also containing half an acre.
Allotment 1, situate in the county of Villiers, containing 3 acres.
Allotments 1 and 2, of section 1, situate in the parish of Panmure. One, containing 1/2 an acre; the other 1/2 an acre and 17 perches.
252 acres in the Purnim road, opposite the Eagle Tavern (Bird’s), being portion No. 24, situate in the parish of Purnim.
18 acres and 4 perches, being suburban section 90, situate in the parish of Wangoom, in the Dennington Bridge road, near the Merri River (lately belonging to Mr. Alexander Ramage, and adjoining Mr Sugan’s property).
Allotments 8, 9, and 10, of section 18, of the town of Belfast.

Transcribed by D. WELLS
1999
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