LATEST SOUTHERN TELEGRAMS.

Auckland Star, Volume VI, Issue 1657, 10 June 1875, Page 3

LATEST SOUTHERN TELEGRAMS.

NAPIER,

(Prom our own Correspondent), This day, The Omaranui Land Case.

The Omaranni case lasted three days. The case for the plaintiff was that the native reserve was included by accident or design in land acquired by Mr Sutton of Heretaunga notoriety,in 1868. The land was leased first by Mr Braithwaite, the mortgagee, and was next bought by Mr Sutton, including a reserve not included in Mr Braithwaite's lease. Braithwaite'g lease was the basis of negotiation for both mortgage and the sale. The mortgage was for £500 ; only £150 was due when the mortgage was executed. A short time after the deed of conveyance was executed, the sale of the property was negotiated for £2500; £1200 was only then due. Mr Sutton gave a deed of covenant to plaintiff's, promising to pay the balance of the purchase money. Mr Sutton kept the deed of covenant himself, and did not register it, as it would preclude the sale to Braithwaite -until the money waa paid to the natives. Mr Sutton sold within two months to Mr Braithwaite, and got £3000 cash. The surplus of the purchase money was paid to the natives in goods, &c.; no accounts had been rendered to the natives. Sutton estimates the value of the land at £18 per acre, yet never claimed possession for six year?, although he had been living for that period within a abort distance of the land now in dispute. Sutton states he was not aware that the natives were living on the land he claimed to have purchased. It is asserted by the plaintiffs that the title was insecure in 1868, and kept back until a favorable opportunity arose for asserting the claim. Defendant relies on possession and transfer of land.

This is the first case to investigate the title to lands purchased from the Hawke's Bay natives of a questionable nature. It has had the effect to depreciate property considerably in the province. The jury retired at 4-30 p.m. yesterday, and the foreman came into Court at six, and stated there was no chance of agreeing to a verdict. The Court ordered the jury to be locked up for six hours. Considerable interest is felt in the case.

It is rumoured that the jury are divided in manner following : seven for natives, five for Sotton.

The jury gave a verdict last evening affirming the legality of Sutton's purchase from the grantees, but, as understood by the plaintiffs, not for the other half. The plaintiffs intend to apply for an injunction to restrain Mr Suttcn from occupying any portion of the disputed land, and will move a writ of fieri facias to terminate the claims held by the separate grantees.