Breach of Promise

Thomas Mellersh arrived in the Swan River Colony on 19 August 1834 aboard the ‘James Pattison‘. He was the son of a banker and land-steward of Godalming in Surrey and quickly set himself up as a settler. Leaving the colony in 1838, he returned two years later and upon his return he made the acquaintance of 17 year old Jane Heal.

The couple were considered to be of the same social standing. Jane was the daughter of a Lieutenant in Her Majesty’s Navy however her father had died a few years after the family’s arrival in 1830. At only seven years of age she found herself fatherless and “in poor circumstances“. Her widowed mother and siblings fell further down the societal ladder however throughout the years Jane had “nevertheless retained an unsullied reputation.

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The Inimitable Mrs Tracey

From the 1870s onwards, Mrs Eliza Tracey was a serial litigant within the Western Australian Courts. Initially her husband, James, brought the cases but it is likely that he did so with the firm backing of his wife.

By the 1880s the Traceys had mutually separated and Mrs Tracey continued to pursue her own lawsuits. While she had the occasional success, for the most part, she barely won a case.

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