Francis Sherboneau1

M, b. circa 1790
     Francis was born circa 1790 in Quebec, Canada. Francis Sherboneau was also known as Cherboneau. The spelling of their name changed from Cherboneau to Sherboneau after they came to Ontario. In the early 1830's or possibly in the 1820's, Francis settled on 100 acres of land in lot 15 of the 6th concession of Hungerford Township, Hastings County, Ontario. Francis and his wife, Catherine, were listed on the 1861 Canadian Census in Hungerford Township, Hastings County, Ontario, Canada. Enumerated in this household were Francis Shabanen [71 Lower Canada, Roman Catholic], Catharin [56 Lower Canada], Francis [36 Upper Canada], Joseph [33 Upper Canada], John [10 Upper Canada], Gabriel [16 Upper Canada], Peter [22 Upper Canada], Thomas [12 Upper Canada]. They are living in a log one story house. Thomas is noted as being away from home. Catharin & many of the children cannot read or write. [District 2, page 27. line 7] Agricultural Census: Francis Shabanow owned. half of lot 15, consisting of 100 acres, in the 6th concession. In 1867, James J. Farrell was able to obtain a patent from the Crown for the land that Francis had lived on for 30 plus years. By June of 1869, action had been taken to have the Sherboneau's legally removed from the property. This was an unusal circumstance as the Crown had a policy of protecting settlers who had not applied for a patent. Francis undoubtedly believed he had purchased the land from someone who had claimed rights to the property.

Family

Catherine Gaumis b. c 1805
Children

Citations

  1. [S39] From Report of Cases in the Queens Bench of Upper Canada: Report of Cases in trhe Queens Bench 1871, From Report of Cases in the Queens Bench of Upper Canada: Report of Cases in trhe Queens Bench 1871 page 172 shows a case heard Michaelmas Term, 34 Vic. , 1870 between the plaintiff, Gabriel Sherboneau vs and the defendant, The Beaver Mutual Fire Insurance Association. The action is of little importance as the issue of the complaint was whether or not the Insurance Company owed Gabriel $206 in the loss of a barn which burned down. The importance of the action is the details which came from the proceedings. First, it is established that Gabriel is the son of Francis Sherboneau and that Gabriel had lived on the property for 37 years with his father and “had always lived on the land” and that the land belonged to the Crown. Quoting “The plaintiff had lived with his father for about 37 years, on land belonging to the Crown… Situate on lot 15, in the 6th concession of the township of Hungerford”. Proof of ownership of the property showed that in October of 1867, a James J. Farrell received a patent from the Crown and thus held title to the property in question. It also suggested that this was irregular behavior on the part of the Crown as they usually looked out for those who had prior residents, giving them the opportunity to purchase the patent. This not being done, the land came into the possession of James Jeffs who in turn brought action against Gabriel to remove him from the property. Gabriel and his father Francis filed action against Jeffs to no avail as they were forced to leave the property. Eventually they won the suit for the $206, but lost the home and land that Francis had lived on and had raised his family. The documentation did not show it, but it was implied in the summary that Francis must have thought he owned the property and had undoubtedly paid someone who had claimed ownership of it.