BANSTEAD 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 nights over all the Banstead 
Commons which could not be gainsaid. It was, perhaps, 
this defeat that abated the confidence of Sir John 
