Z355/377

an account of the case

1828

From: 1828 To: 1828

"Mr Canty wanted to lop the trees himself, but Mr Simmons objected, wishing to have them done in his own way for ornament. It was then agreed that Mr Simmons should pay Mr Canty £10 for the lops, which he did. Mr Simmons agreed verbally with Salisbury for the trees being pruned and that he, Salisbury, should sell the wood and if it should not fetch £10, Salisbury should have the whole of the wood for his trouble and expence in pruning, but should the wood sell for more than £10 the produce should be equally divided between Mr Simmons and Salisbury Mr Simmons motive in lopping or pruning the trees was to improve the avenue ultimately as well as to improve the grass underneath and the gravel walk. The avenue was pruned about half the length on both sides when Mr Booth first saw and remonstrated against it being continued any farther. Mr Simmons not having heard from Mr Booth at the expiration of six weeks, commenced pruning the remained and when nearly finished Mr Bray and Mr Booth came on the spot. It appears by Salisbury's account of wood sold, that half the avenue produced 18 loads and a load of wood sold at 10s per load. The second pruning according to Mr Simmons assurance did not take off more than half the quantity of wood as the former one did … The trees generally speaking are and have been a considerable length of time in a decaying state. Question: may not the trees be benifited in the course of a few years instead of being injured by the pruning. The grass under the Trees and the gravel walk must be greatly improved by letting air and light upon them"

item

Gibbs, Thomas,
Reed, Benjamin,
Smith, Henry,
Simmons, William,
Canty,
Salisbury, John,
Booth,
Bray

Old Brompton, lawsuits, general legal process, trees, timber, wood, money, disease, legal opinion