gun alley stories
52 John St Stories
Introduction
Lot 6 block 6, 52 John Street remained vacant until the 1980s and highlighted the problems with buying and selling land under General Law. It was expensive to transfer the property to Torrens titles so many owners just put it in the too hard basket. It was also a case of generally these transactions had to be handled by firms specialising in General Law. The leasee until 1961 were the Smith family who were butchers in Main Street. Perhaps the property was used to keep their horses or perhaps hold cattle.
This was one of two lots in Gun Alley claimed by Adverse Possession. The other was the Davies lot 3 facing Hutchinson Street on the south side of John Street.
Audio Introduction
Throughout the Gun Alley pages you will see references in old articles to £ (pounds). £1 = $2; 10/- (10 shillings) = $1; 5/- (5 shillings) = 50 cents. Please note: this does not reflect the value of the money but serves as an indication only.
Timelines
John Hutchinson
William Hutchinson & Louis Deschamps ( – 21/1/1881)
Patrick Hughes (21/1/1881 –
In Possession of land
Henry Hughes (1944 – 1961) Listed as owner
Leased by
Isabella Smith (1916 – 1937)
Arthur John Hill (1937 -1957)
Isabel Catherine Hill (1957 -25/8/1961) – Contract of Sale
Concezio & Verna Mosca (25/8/1961 – 1984) Claimed by Adverse Possession June 1, 1984
Vericon Pty Ltd (3/3/1987 -)
Lot 6 Block 6 remained a vacant block and was the subject of an Adverse Possession claim which was successful in 1984.
Patrick and Henry Hughes
Patrick Hughes acquired the property from John Hutchinson’s executors – Louis Deschmap and William Hutchinson on January 24, 1881. Hughes was a farmer at Yering where he owned 100 acres and leased a further 316 acres. At the time of his death in 1886 aged 57 years, Lot 6 was one of two lots in Block 6 he still owned. Hughes also owned a third was in Block 1.
Patrick Hughes was an early Lilydale settler. He was born in Ireland in 1829 and at Country Atrim on November 1, 1852 he married Catherine McNally, daughter of James and Anne (Lavender) McNally. They had six children:
Anne J. b 1854; Sarah L. b 1856, Henry T. b 1858; Samuel b 1860, Elizabeth M b. 1863 and Edward M b 1868 at Mooroolbark.
Patrick arrived in Melbourne in 1863 travelling from Liverpool on board the SS Great Britain. His wife Catherine and children did not arrive until 1867 at which time they settled in Lilydale.
Patrick died and was buried at Lilydale Cemetery on September 11, 1886. He was aged 57 years old.
Sadly, his life as an early settler of the district received little mention.
He died intestate so his eldest son Henry was appointed administrator of his estate which listed his properties as being 100 acres valued at £800 and Lot 7 Block 6 John Street valued at £15. Livestock, farm machinery and furniture were valued at £376.
Patrick’s wife Catherine died April 24, 1905 aged 81 years.
Henry Hughes
After Patrick’s death, the family decided not to distribute the estate at that time and appointed Henry (or Harry as he was known) his eldest son, to administer it. There was no transfer of the property into Henry’s name which later led to the Adverse Possession claim many years later.
According to the Shire of Lillydale ratebooks, Henry Hughes held the property in his own name until 1917 when he leased it out to Isabella Smith, butcher.
Henry was born in Ballymena, Ireland in February 1860, son of Patrick and Catherine Hughes, and came to Australia when 8 years old and has always lived in Lilydale.
He married Margaret Commerford and they had two daughters.
Henry was a contractor for the shire council roadworks but was persuaded to stand for council. He was elected a North-western riding councillor unopposed in 1903. During his 33 years of service which ended in 1936, he was never opposed. He was elected Shire President in 1907, 1913, 1917, 1926 and 1931. Henry retired from council in 1936 due to ill health and died two years later on August 1, 1938. He was 79 years old and is interred at Lilydale Cemetery.
Among many other activities, he was also a Justice of the Peace for 26 years and Assistant Coroner at Lilydale Court House.
Henry Hughes
After his death, the family decided not to distribute the estate at that time and appointed Henry his eldest son, to administer it. Henry was a contractor for the shire council roadworks but was persuaded to stand for council. He was elected unopposed in 1903 and never opposed during his 33 years of service which ended in 1936. He was elected Shire President in 1907, 1913, 1917, 1926 and 1931. He retired from council due to ill health and died two years later on August 1, 1938. He was 79 years old and is interred at Lilydale Cemetery.
Among many other activities, he was also a Justice of the Peace for 26 years and Assistant Coroner at Lilydale Court House.
He was born in Ballymena, Ireland in February 1860, son of Patrick and Catherine Hughes, and came to Australia when 8 years old and has always lived in Lilydale.
He married Margaret Commerford and they had two daughters.
However, there was no conveyance of the properties which led to the later adverse possession claims.
Smith’s Butchers
Henry Hughes held the property in his own name until 1917 when he leased it out to Isabella Smith, butcher.
For many years, Isabella Smith (nee Supple) operated her butcher’s shop at 164 Main Street, Lilydale.
Her husband Joseph Smith opened his shop in the Morton Buildings in September 1902 – an advert first appeared in the issue of September 29, 1902 Lilydale Express advising he had opened the Main St, shop.
Sadly, Joseph Smith collapsed and died after attending a fire at Cave Hill on June 21, 1906. He was aged just 32 years. Isabella took over the couple’s butcher’s shop and continued to operate it until she sold it to Arthur Hill on July 1, 1937. As well as the shop he took over the John Street lot and 130 acres of land with a slaughterhouse located in Old Melbourne Road, Black Springs via Lilydale.
After a long illness, Isabella a passed away at the Lilydale Bush Nursing Hospital on February 9, 1959 and was interred with her husband at Lilydale Cemetery.
A tribute to her published in the Lilydale Express by a friend gives some insight into the type of person she was:
“It would need a mightier pen than mine to tell of the help she gave so many. Be it old or young, Mrs Smith died her best to give help by word, deed, food and even money. Many an old person has been helped into a home through the services of our friend. We feel it an honor to have had such a friend – such a true one. Though the big depression she gave to so many and never complained when she was so often imposed on.’’
(Lilydale Express February 20, 1959 pg 2)
Arthur John Hill
In 1949, Arthur married Belle Armstrong, niece of Isabella Smith, the previous owner.
Arthur died in 1957 but his wife kept the shop operating and employed George Jamieson as its manager until Belle Hill sold it to Les Beer in 1968. Employees were Charlie and Neville Gilson, Harold Briggs and Ken Anderson.
Isabella Catherine Hill
Belle Hill also took over the John Street property from 1957 to 1961 when she entered into a contract of sale to Concezio and Verna Mosca. A special condition of the Contract was that Isabella would obtain proper title to the land she claimed by Adverse Possession with 12 months or the contract would be void.
In the meantime, the Moscas took possession of the property and leased it out to various people.
As Hill was unable meet the condition on the contract on October 20, 1975 she entered a Deed of Agreement with the Moscas for $1400. Who subsequently claimed the property by Adverse Possession and were granted title under the Torrens System on June 1, 1984.
Today, the property is occupied by a car yard.
