IMPORTANT NATIVE LAND CASE

Ashburton Guardian, Volume VII, Issue 1706, 8 November 1887, Page 2

IMPORTANT NATIVE LAND CASE

« . Wellington. November 7. ] The o«e of Tear* Th Kana and others v Alex and Annie M 'Donald, commenced to-iay. The plain ffs sought t> recover i from the defendant Alex, BTDonald af statement of accounts m reference to a large blook of land near Folding, m hia dealing with which the plaintiff* alleged , tha* he was actmg on their behalf . They ' asked that two deeds of mortgage and a deed of conveyance held by the defendant M'Donnld should be declared null and void ; that an account should ba taken of all rents, etc, received by M Donald m respect of the land m dispute j that an enquiry might be held to ascertain' what portloDsof thelandworeß>ldbyM'Dona!d, &nd the account taken of moneys received for the urns ; that an aououat might -be taken of moneys due to M'Donald for principal and interest under the deeds of mortgage mentioned ; that the said defendant be ordered to pay-to the plaintiffs moneys received m respeot of rents and profits of sales ; that the defendant be ordered to re convey to the plaintiffs portions of land unsold; that notwithstanding the deed of conveyance mentioned, the defendant be deolared trustee for the plaintiffs of the land remaining unsold ; that an injunction be granted to prevent M 'Donald taking possession of the land, pending the hearing of the oaael It was alleged that M'Donald, while aoting as agent for tha plaintiffs had, unknown to them, secured tbelr land for himself by relieving the mortgages. The statement for the defence denied that the agency existed, as stated, and the Statute <>f Limltatiu-nH wae relied upon m retpeot i.f the ruohej i <•; aimed, it being mued that the plaint ff., had forfeited their right to recover The de endant hel» a l«»ae which hsd not the assent of Mr Oommin, to whom the block had beeo mortgaged. *a the Natives would not provide for this mortgage, the defendant after using every means to endeavour to persuade them to do so, proceeded to Napier, and made arrangements for the tramfer of the mortgages to himself. The defendant also relied upou the acqalea* canoe of the plan tiffs m all his acts m connection with the land nntll the date of the writ of the present action. The case is one of the most Important actions dealing with Native lands ever heard m the Colony The defendant has been connected with Natlva *ff*irs m ihe Wellinfirnn Provincial District for mnre than 30 years, and bo far gained »he confident e or th* Ngat kawhat* hapu an to h»ve baen appointed one of their Qh.efa assuming the title of Kawhaa, the n«me nf -he anceatral head of the tribe, and m I 1874 ue was ixp prisoned for having shit th« ieader of Andrew Young's mail coach m itß passage through tin Awabura blook regarding which the present action rUej Tne oaae is ltsely to occapy some little time. — __ —^ __