BAN STEAD COMMONS. 199 



The first brush in the courts of law arose upon the 

 title of Mr. Robertson. This gentleman was only the 

 lessee of the house and land, in respect of which he 

 maintained the suit, but he had the right under his 

 lease to purchase the freehold from his landlord before 

 Michaelmas, 1878. His landlord, after giving this 

 lease, but before the commencement of the suit, had 

 sold the rights of common attached to his reversion to 

 Sir John Hartopp. Mr. Robertson contended that this 

 sale was void as far as he was concerned, and that he 

 was entitled to claim the property, with the rights of 

 common attached, in the condition in which it stood at 

 the commencement of the lease. He gave notice to 

 his landlord of his intention to exercise his option 

 of purchase of the property, and demanded a grant 

 of the rights, which had been attached to it. Sir John 

 Hartopp refused to join in the conveyance, or to release 

 the rights of common which he had purchased. It 

 became necessary, therefore, for Mr. Robertson to join 

 Sir John Hartopp in the suit against his landlord for 

 a specific performance. 



This preliminary suit was decided in favour of Mr. 

 Robertson, and an order was made by Sir George Jessel, 

 requiring Sir John Hartopp to join in a conveyance 

 of the rights of common, together with the property, 

 to him. This victory was of considerable importance, 

 for it amounted to a legal recognition that Mr. 

 Robertson was entitled to rights over all the Banstead 

 Commons which could not be gainsaid. It was, perhaps, 

 this defeat that abated the confidence of Sir John 



