In 1848, the land was subject to the significant legal case of "Tulk v Moxhay". The plot's previous owner, Moxhay, had agreed upon a covenant not to erect buildings but the law would not allow buyers who were not "privy" to the initial contract to be bound by subsequent promises. The judge, Lord Cottenham, decided that future owners of land could be bound by promises to abstain from activity, subject to the doctrine of notice (actual or constructive). Otherwise, a buyer could (re-)sell land to himself to undermine an initial promise. James Wyld bought the assets of the garden from the Tulk and Moxhay's death estates in 1849 to erect the Great Globe, though buried the statue of George I under 12 feet of earth with the globe stuck on top. The statue was uncovered following the globe's demise, but by 1866 it had deteriorated due to vandalism and was sold for £16. Arguments continued about the fate of the garden, with Charles Augustus Tulk's heirs erecting a wooden hoarding around the property in 1873. These were quickly removed after the Master of the Rolls ordered that the land must be preserved for its original purpose.