COURT OF APPEAL.

Dominion, Volume 3, Issue 876, 23 July 1910, Page 15

COURT OF APPEAL.

BIRCHHIU RUN. "WHO WAS THE PURCHASER? The Court of Appeal—Justices Williams, Edwards, Cooper, and Chapman on tho Bench —was again occupied yesterday with the question as to who was tho purchaser of the Birchhill '.Estate, Marlborough. Two persons, hoth acting in gootl faith (according to the Chiof Justice's judgment, from which appeal was made), had "purchased" tho property, through two different land agents. Tho equities, ho considered, wero equal, and tho person who obtained the first valid, contract was entitled to havo tho propertyconvcyecl to Ijim. That person, in his Honour's opinion, was Georgo \Edward Sonierville, of. Southbridge, sheepfarmer. Tho other "purchaser" was Thomas Morlaml, of Rakaia, farmer. The vendors having treated Somerville as tho. purchaser, Jlorland had claimed, in tho Supremo Court, specific performance of agreement, and when the case was decided against him ho appealed. The vendors of the estate, which is a -shceprun of 18,800 acres in the Wairau Valley, wero five Wellington gentlemen, namely, Frederick Hales, Benjamin Coloman, James Brownlio, John Oliver, and Thomas Wilson, defendants in the original action and' respondents in the Appeal Court. ' • Mr. Georgo Harper (of Christchurch) and Mr. T. Young appeared for Morland, Mr.' C. V. Skerrott, K.C., with him Mr. H. F. O'Lcary (instructed hy Mr. J. J'. M'Grath), for tho respondents (except Somervillo); and' Mr. T. W. Stringer, ICC. (of Christchurch), with him Mr. P. Lovi, for Somerville. Argument was continued yesterday. Mr. Skerrott said his clients only wished to havo one or other sale completed, and they chose to fight Jlorland rather than Somerville. They had, therefore, taken up that attitudo in' both *Courts. Decision was reserved.