Autograph Manuscript Signed ('Montague Smith') by Edward Montague Smith [later Sir Edward Montague Smith], Member of Parliament for Truro, giving his legal opinion on a property dispute for Thomas B. Knight of Lime Street, London, and Cox of Honiton.
1p., 4to (31 x 32 cm). 26 lines, signed at end 'Montague Smith | Temple | 9 Dec 1862'. In fair condition, on lighly-aged paper, with minor damp damage to one edge. Docketed on reverse '1862 | Case for the Opinion of Mr. Montague Smith', with 'Took 3 Gu[ine]as' (Smith's fee) and initials in another hand. At foot, in a third hand: 'Thomas B. Knight | 34 Lime Street | City. E.6.', and beneath this, in a fourth 'Cox | Honiton'. The last page of the document, with the whole of the last three of five numbered sections complete, and beginning in the second, with the words '[...] occupier of the entire property'. The start of section 3 sets the tone: '3. But I am disposed to think Mr Knight may contend with some prospect of success that he is entitled to the modern access as used by Mr. Leward, provided his Conveyance was prior in time to Mr. Leward's - There seems to be ground for insisting that the grant of the ways usually held & enjoyed was a part of the usual way by which access was obtined to the fields comprising Lot 10 - The point is not free from doubt, but it seems to me that this contention gives Mr. Knight the best chance of success [...]'.