Robert Campbell whose claim has never been properly established." Milson also wrote to the Governor on 3 October 1828 in a letter which stated "I have also to inform your Excellency that during the absence of the Surveyor-General, who is in Argyllshire, Messrs Cordeaux and Finch tool it upon themselves to erase my name which stood in the chart for the land which I am now in possession of, and are endeavouring to trump up a claim in favour of the Honourable Robert Campbell for the said land." Milson received a reply on 13 March 1829 from the Colonial Secretary, Alexander Macleay, which stated "I am directed by His Excellency the Governor (Ralph Darling) to inform you that if you allude to the spot on which you have built you must be aware that you cannot obtain it as it is the property of Mr Robert Campbell, who states that he actually gave a lease of it to you, and that the land to which you are entitled" (the adjoining 50 acres) "is already measured and marked out." Milton also stopped paying his rent after having paid £4 2s 8d of the £10 rent for the year ended 30 June 1829. By the end of June 1831 Milton owed Campbell £25 17s 4d in rent (£5 17s 4d for the remainder of 1828/29 + £10 for 1829/30 + £10 for 1830/31). In June 1831 Campbell had served upon Milton a bill of arrears of rent, and had received a promise of payment from Milton that had not been fulfilled. On 12 August 1831 Campbell then began court action against Milton for the arrears of rent. As the original lease agreement no longer existed Campbell sued Milton under an action of assumpsit (or breach of promise to pay) for use and occupation of Campbell's land. During the court action of 1831 Milton never disputed Campbell's title to the 120 acres, or that a lease agreement had been in place. Indeed a copy of the memorandum that extended the original lease, the "second document", still existed. Milton also did not disagree with the evidence of Campbell's son "that a formal instrument had been executed by the parties, binding them, under their hands and seals, to certain performances of a contract for a specified term of years". Milton instead disputed knowledge of the boundary between Campbell's 120 acres and Milton's adjoining 50 acres