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 1805 -
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| Name |
John Bickle METTERS |
| Christened |
14 Jan 1805 |
Beaworthy, Devon, England  |
| Gender |
Male |
| Person ID |
I868 |
Young Kent Ancestors |
| Last Modified |
16 Sep 2020 |
| Family |
Dorothy HATHERLY, b. 1814, of Shebbear, Devon, England |
| Married |
15 Jun 1831 |
Shebbear, Devon, England |
| Notes |
- 27 Mar 1831 third calling of banns at Beaworthy, Devon, England
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| Children |
| | 1. John Bickle METTERS, b. 1832, Plymouth, Devon, England |
| | 2. Susanna METTERS, b. 1836, Shebbear, Devon, England , d. Mar Qtr 1919, Nelson, Lancashire, England (Age 83 years) |
| | 3. William Henry METTERS, c. 20 Oct 1839, Beaworthy, Devon, England |
| | 4. Matilda METTERS, b. 1843, Walkhampton, Devon, England |
| | 5. Selina METTERS, b. 1846, Beaworthy, Devon, England |
| | 6. Ellen M. METTERS, b. 1849, Beaworthy, Devon, England |
| | 7. Albert Alfred George METTERS, b. 22 Jul 1860, St Helier, Jersey, Channel Islands |
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| Last Modified |
20 Mar 2022 |
| Family ID |
F287 |
Group Sheet | Family Chart |
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| Notes |
- He left Devon in his forties and raised most of his family in St. Helier, Jersey, Channel Islands.
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| Sources |
- [S50] 1841 Census, England and Wales, Office of National Statistics, General Register Office, Kew, Surrey, England, (U.S.A., Salt Lake City: Genealogical Society of Utah), Walkhampton, Devon, England, HO 107/241/8, fol. 8, p. 10, Apr 1841.
Long Ash Cottage:
John Metters, 35 ab lab, born in county
Dorothy Metters, 27, born in county
John Metters, 8, born in county
Susanna Metters, 5 born in couny
Henry Metters, 1, born in county
William Pengelly, 67, ag lab, born in county
Margaret Pengelly, 64, born in county
- [S51] 1851 Census, England and Wales, Office of National Statistics, Kew, Surrey, England, (U.S.A., Salt Lake City: Genealogical Society of Utah), Mar 1851.
- [S52] 1861 Census, England and Wales, Office of National Statistics, Kew, Surrey, England, (U.S.A., Salt Lake City: Genealogical Society of Utah), St Helier, Jersey, Channel Islands, RG 9/4394 , ED , fol. 15, p. 23, Apr 1861.
Household Sch. #118, Elephant & Castle Inn:
John B Metters, head, mar, 56, Innkeeper, born England
Dorothy Metters, wife, mar, 47, born England
Matilda Metters, daughter, unm, 18, dressmaker, born England
Selena Metters, daughter, unm, 15, scholar, born England
Albert A G Metters, son, 8 months, born Jersey, St. Helier
Maria E Laslett, granddaughter, 4, scholar, born England
Jane Broomer, lodger & boarder, unm, 18, servant, born Jersey, St. Helier
Matilda Manger, lodger & boarder, unm, 21, day worker, born Jersey, St. Helier
Louisa Truston, odger, unm, 19, servant, born Jersey, St. Helier
- [S53] 1871 Census, England and Wales, Office of National Statistics, Register General Office, (U.S.A., Salt Lake City: Genealogical Society of Utah), St Helier, Jersey, Channel Islands, RG10/5758, ED 36, fol. 67, pp. 25-26, Apr 1871.
Household Sch #145, 53 Windsor Road:
John B. Metters, head, mar, 65, labourer, born England, Devon
Dorothy Metters, wife, mar, 57, shopkeeper, born England, Devon
Albert A G. Metters, son, 10, labourer, born St. Helier, Jersey
- [S8] 1881 Census, England and Wales, Office of National Statistics, Kew, Surrey, England, (Salt Lake City, U.S.A.: Genealogical Society of Utah), St Helier, Jersey, Channel Islands, RG11/5614, ED 33, fol. 47, p. 5, Apr 1881.
Household Sch #30, 50 Aquila Road:
John B. Metters, head, mar, 80, retired farmer, born England
Dorothy Metters, wife, mar, 68, born England
- [S132] Newspaper, Various, (Various), Exeter Flying Post 30 July 1862, p 7, 30 Jul 1862.
Exeter Flying Post 30 July 1862, p 7
DEVON AND EXETER SUMMER ASSIZES.
TUESDAY.
METTERS v. BROWN. - Mr. M. Smith, Q.C., and Mr. Turner were counsel for the Plaintiff; attorney, Mr. Flower, Counsel for the defendant, Mtr. Collier, Q.C., and Mr. Kingdon; attorney, Mr. Kingdon.
Mr. Turner opened the pleadings, and
Mr. Smith stated the case. The plaintiff, Mr. John Bickle Metters, sougjht to recover from the defendant, Mr. Brown, possession of an acre and a half of ground and some cottages and buildings in the parish of Beaworthy. The circumstances which he (the learned counsel) had to state were probably more for his lordship than for the jury, involving as they did points of law. The plaintiff claimed to be the administrator of his mother, Elizabeth Metters, who appeared to have occupied these premises as long ago as the year 1819. She had a leashold interest in them, held on lives of three persons, only one of whom (Mrs. Fear) was now surviving. He should prove that after the plaintiff's mother entered on possession she built two cottages, one of which, with the meadow, she occupied herself, and received the rent of the second. This property originally belonged to the Molesworth estates, and a lease of 300 acres was granted by the guaridians of Sir Arscott Molesworth at Ladyday 1798, which land was situate in Beaworthy parish. The acres and half in dispute was a portion of the 300 acres. The whole estate was in 1818 left by Mr. Meters, the then owner, to his natural son, who was named Daw, and who as executor became entitled to the leasehold. By Daw it was shortly after conveyed to Thomas Metters, the legitimate son of the late Mr. Metters, and it was Thomas Metters who assigned the acre and a half to the plaintiff's mother, who was the widow of one of Thomas' brothers. She paid ten guineas for it. The deed assigning this property had been burnt by a fire, which destroyed the plaintiff's dwelling house. The mother occupied it up to her death, which occurred in 1847, and in 1861 the plaintiff took out letters of administration. This would be the title which the plaintiff would submit to them; and although the deed referred to had been destroyed yet he should call witnesses who had seen and read it. Further the deed had been examined by magistrates before whom plaintiff's mother had been summoned for destroying a hedge; but she set up a right to a piece of common which the hedge enclosed as belonging to her portion of Beaworthy meadow and the case was dismissed. Daw, the natural son, mortgaged the estate, he believed; and in 1844 the plaintiff himself became the purchase of it. He resold parts of it to Smale and others, and mortgaged the remainder to a Mr. Jago, who sold it to the present defendant. When the plaintiff mortgaged the estate to Jago in 1844 he mortgaged the whole of the residue, overlooking the lease which had been granted to his mother, and which his mother then occupied. There was some dispute between the plaintiff and Mr. Brown relative to the whole estate, the mortgagee having sold it without the consent of Mr. Metters, and at less than its value. There was a suit in Chancery pending on this question; but with this the jury would have nothing to do. What the plaintiff claimed at their hands was possession of this acre and a half.
The plaintiff was examined in support of the learned counsel's statement; Mr. Ezekial Leach, a farmer, and John Larkworthy proved having seen the deed; Philip Hill, occupied one of the cottages and paid rent to Mrs. Metters; James Boles, of Highampton, deposed to the occupation of the lands by plaintiff's mother, and that one of the persons on whose life the lease was held was still alive; Mr. W. Ricard, clerk to Mr. Woolcombe, solicitor, of Devonport, who is the steward of the Molesworthy family, produced a draft of the lease granted in 1798; which Mr. Collier objected to.
At the conclusion of the plaintiff's case, Mr. Collier submitted on a point of law that no case had been made out but his Lordship said he would not stop the case: he would give Mr. Collier leave to move.
Mr. Collier said the case he had to submit was one purely for his Lordship. The plaintiff in 1844 mortgaged the property, conveying by the said mortgage the estate in possession to Mr. Jago; and it also purported to convey the estate in fee simple to him, making no mention of any outstanding lease, or any right or title by anybody else. The mortgage was executed in the lifetime of the mother, and these two houses were specially conveyed. The learned counsel then contended that the plaintiff could not now bring an action of ejectment against the defendant to turn him out of premises which he himself had conveyed to him.
Mr. Smith replied on the learned gentleman's argument, submitting that the plaintiff had a clear right as administrator of his deceased mother. He had no interest of his but only as administrator of the deceased. The deed mentioned would only convey the interest which he had at the time.
After seom further argument his Lordship said there were two points of law which would have to be decided in the Court of Queen's Bench, and he would not express any opinion. There would be a verdict for the plaintiff as a matter of form; and the defendant would have leave to move.
- [S132] Newspaper, Various, (Various), Western Times 02 August 1862, p. 10, 2 Aug 1862.
Western Times 02 August 1862, p. 10
NISI PRIUS COURT, MONDAY
TUESDAY.
His lordship took his seat on the beach at nine o'clock.
EJECTMENT.
METTERS v. BROWN - Counsel for plaintiff, Mr. M. Smith, Q.C., and Mr. Turner; attorney, Mr. Flower, Counsel for defendant, Mr. Collier, Q.C., and Mr. Kingdon; attorney, Mr. C. Kingdon.
Mr. Turner opened the pleadings. John Bickle Metters was plaintiff and Charles Brown was the defendant. The action was brought to recover possesion of two acres of meadow ground, a part of a courtlage, in the parish of Beaworthy.
Mr. Smith state the case. He said that Mr. Metters, the plaintiff, sought to recover from Mr. Brown, the defendant, the possession of an acre and a half of ground, and cottages and buildings in Beaworthy. The circumstances of the case were probably more for the consideration of his lordship than that of the jury, for whatever points arose would probably be points of law. The plaintiff claimed the property as administrator of his mother, Elizabeth Metters, who, it appeared, had had this little property for a long time. She held it since 1819, on three lives, of whom one, her daughter, Mrs. Phear, was surviving. It would be shown that the plaintiff's mother had occupied this acre and a half of land, received rent for an other cottage on it, and she also had occupied the meadow. The property originally belonged to the Molesworth estate, and on 27th March, 1798, the guardians of Sir A. Molesworth leased to Mr. Richard Metters an estate of 300 acres in Beaworthy, on lives, of whom Jane Phear was the sole surviving one. Richard Metters died in 1818. His natural son, named Daw was the executor of his father's will. He assigned the estate to Thomas Metters, a legitimate son of his father. Thomas Metters assigned a part of the estate to Elizabeth, the mother of the plaintiff. She was the widow of a brother of Thomas Metters. She gave ten guineas for it, but the assignment had since been burned in a fire which destroyed a house, the contents of the deed would be proved by witnesses. Elizabeth Metters died in 1847, and the plaintiff was the administraot of her mother. This completed the title of the plaintiff to the leasehold property. The deed referred to was deposited with Mr. Risdon, and was produced on one occasion before the justices when Mrs. Metters was summoned for breaking down a hedge in order to use a common. The summons was dismissed, and Mrs. Metters was allowed to enjoy her right of common. There had been some dealings with the reversion of the estate which caused complications in the case, and it was for his friend to show the complications. It seemed, however, that the familiy of R. Metters sold the estate of 300 acres to Mr. Daw. He mortgaged it, and the plaintiff becamse the purchase of it. In 1844 he resold a part to Mr. Smale and others, and mortgaged the remainder to Mr. Jago, who had sold it to Mr. Brown, the defendant. Possibly, when the plaintiff mortgage the estate to Mr. Jaog he included the whole residue of it without referring to the lease which his mother had,. This however, would not affect the case, for his mother was then alive, and the mortgage would not deprive her of her right. There were other subjects of dispute between the plaintiff and the defendant. The plaintiff considered that the mortgagee had sold the estate for an inadequate price, and the estate was now in Chancery. But thge jury would not be troubled with that suit.
The Plaintiff and the following witnesses were examined for the plaintiff: Ezekiel Leach, farmer; John Larkworthy, Philip Hill, James Boles, Highampton, Holsworthy, and Wm. Rickard, managing clerk to Mr. Woollcombe, solicitor to the Molesworthy family.
Mr. Collier submitted that his learned friend had not made out his case, inasmuch as he had not deduced any title from the original lessors.
His Lordship thought that a prima facie case had been made out; that the mother of the plaintiff was in enjoyment of the possession of the house and meadow in question.
Mr. Collier said that his client's case was this, that in 1844 the plaintiff mortgaged the property at Beaworthy, conveying by the mortgage an estate in possession to Mr. Jago. It was a deed that purported to convey an estate in fee simple to Mr. Jago, and it made no mention of any outstanding lease, or of any right or title in any body else. The deed convenanted that the plaintiff had the right and absolute authority by those presents to convey the property to Mr. Jabo, and he (Mr. Collier) submitted that the plaintiff was estopped now from saying that he had not in 1844 the estate which he pretended to convey to Mr. Jago, and that having conveyed by deed an estate in fee simple, and that estate being in the defendant's possession, the plaintiff could not prove a subsequent title to those premises under some other person, and eject the defendant.
His Lordship said that if a third party had taken up the question the conveyance would not have been an answer, but the point in this instance was that the claim was made by the same person who had made by conveyance.
Mr. Smith said that the plaintiff only made the claim as an administrator of his mother's effects, and he was bound to make the claim.
His Lordship inquired how it was that the plaintiff had included the estate in the conveyance to Mr. Jago.
Mr. Collier said that his client had been several years in possession, and had received rents from the property in question, and the attempt to deprive him of it was an act of injustice.
His Lordship ultimately suggested that the verdict should be entered for the plaintiff, and that the defendant should have leave to move the Court above to enter a non suit.
This suggestion of his Lordship was adopted, and a verdict was given accordingly.
- [S132] Newspaper, Various, (Various), Exeter and Plymouth Gazette 24 March 1849, p. 4, 24 Mar 1849.
Exeter and Plymouth Gazette 24 March 1849, p. 4
TUESDAY, March 20.METTERS v. SMALE. This was a case in which John Blckle Metters, a farmer of Beaworthy, sought to recover GB34 19s 4d of John Smale, farmer of Beaworthy, for seeds sown and labour done on some lands which had been sold to the defendant. It appeared that Mr. Metters purchased an estate of Mr. Brown, of which a portion was resold and transferred to Mr. Smale. Of this land a portion had been tilled and sown for which the plaintiff had paid, and he now sought to recover that portion of it which applied to the fields purchased by Mr. Smale.
Mr. Brown, a farmer of Beaworthy, said he formerly occupied a field belonging to the plaintiff. It was seeded for wheat in the fall of 1843. As some of the property was about to be sold, Mr. Rich was applied to to value the crops and work done to the land. The plaintiff, defendant, surveyor, and witness met at the White Hart Inn, Okehampton. Mr. Rich produced the valuation. Defendant said, "I think it is a good deal of money." Witness said, "I don't know what you have to do with it." The plaintiff said he thought it was very fair. Witness was paid GB1,350 for the property, and GB45 18s 4d for the valuation of the tillage. The whole was paid by the plaintiff's attorney.
Susanna Metters, sister of the plaintiff, said that when Brown's property was sold to her brother, she purchased a portion of it, amounting to GB20. The defendant objected to the valuation of Mr. Rich, but said, "I suppose we must take it." Her share of the valuation was GB10 19s.
Mr. Rich, surveyor, of North Hill, said he valued the seed and labour on the estate bought of Mr. Brown.
Henry Metters, brother-in-law of the plaintiff, said he knew the defendant. He was at his house in August, 1847, with the plaintiff. They had some words about money. Smale said, "I know I owe you that money, and if I can't pay you shortly, I must give you a note-of-hand."
John Bickle Metters, son of the plaintiff, deposed to a conversation with the defendant. The plaintiff said he was determined to have his money, and the defnendant said he would pay him rather than be hunted for it.
Mr. Greenwood, for the defendant, said he had no wish to deny his liability to pay the money alleged to be due for the tillage of the land, but he would shew them that the plaintiff had only been enabled to complete the purchase by the money which had been advanced by the defendant, and that upon the transaction the defendant had actually a claim upon the plaintiff. He would show them that in 1844 the
plaintiff acknowledged owing to the defendant GB120, and that no money transactions had since taken place. An order was also given on Messrs. Rundle, attorneys, of Devonport, to pay Mr. Smale the GB120 out of any money he might receive on the plaintiff's account, as it appeared that Mr. Brown received the purchase money of the estate as mortgagee, and that Metters was entitled to a portion of it, but no settlement had yet been made.
Mr. Rundle, attorney of Devonport, deposed to the money transactions between the plaintiff and defendant with reference to the purchase of the estate from Brown, and to the money transactions in which Metters, the plaintiff, was interested.
Mr. Crowder replied on the part of the plaintiff, contending that the money advanced by the defendant could not be pleaded as a set off to the claim now made by the palintiff ro a specific transaction.
The Judge having summed up the evidence, the Jury gave a verdict for the defendant.
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