LAW REPORTS.

Dominion, Volume 4, Issue 1092, 3 April 1911, Page 3

LAW REPORTS.

SUPREME COURT. WAIKATO LAND CASE. THE TREATMENT OF SWAMI'S. TESTIMONY OF FARMERS. . Tlio Waikato land case was continued !« the .Supreme Court on Saturday morning before Mr. Justice Chapman. The Plaintiffs, Herbert Carter ami James \V. "oily, of Wellington, sought the rescission ot mi agreement with Jolin W. Chapman, dated February M, 1910, under which piaintitls convenanted to purchase portion of the Hillside Woodlands Estate, "car Hamilton. Plaintiffs also claimed -CoflT 10s. 4(1., representing the deposit Paul on the land, and tlio amount paid out of pocket. Mr. T. M. Wilford, with him Mr. Cracroft Wilson, appeared for plaintiffs, and Mr. A. Gray, with him Mr. Tringham, for defendant. In continuation of the evidence for the Ueience, Josenli Cole, farmer, stated that he purchased some land in the Waikato trom Joseph Chapman, a brother of tlio (leieiidant. He paid .£l2 an acre for the land, which was near -Morrinsville, and a part of the Piako swamp. The quality ot his land and of the land in question in this case was about the same. He had been able to crop his land satisfactorily. When he went on Carter and Body's land ne saw some ornamental shrubs, which were looking very well. In his opinion, it the drams were kept open'on Carter and Jindy s land it coukl not bo flooded. lo Mr. Wilford: He was not aware that his place was a show place for the sale ot Chapman's land. He had only seen Carter and Body's land on tho one occasion. When he examined the soil on the land he did not know he was going to he called as n witness. He went over thS land just out of curiosity after having read some evidence in this court case in the Auckland "Herald." He was interested in swamp lands generally. Did you write a letter to your son in Wellington saying you were dissatisfied with your bargain?—No, certainly not. Witness went on to say that "ho had spent about 11s. an aci'o on fertilisers for part of his property. James Speedy, farmer", Frankton, said he had been in the Waikato for seven years. Ho had had some experience of swamp lands, and anticipated no "reafc difficulty in breaking in his present land, which was near Carter and Body's land, and apparently of the same class. His land was a little more advanced than theirs. Carter and Body could cultivate, the land if they treated it by draining and burning. Jlr. Wilford:" Do you think it would militate against your selling your land if it was proved in this case that Carter and Body's land was worthless?—l suppose it would. Will you take your oath that it was not put to you that if Carter and Body's land was proved worthless by this case, it would affect yotir sale, and • that you were not asked to come down?—lt was not put to me. I never discussed that aspect of the case. Do you think Chapman and Body's land is threo times ns valuable as yours?— No. Is it worth as'much?—No. I don't think so. You went into the business purely and simply as a "spec"?— Yes. Are there some swamp lands in the district that you would not pive a farthins for?—l have not spen them. To Mr. Gray: His evidence was not affected by the fact that he mipht suddenly want to sell his land. His land was not in tho market. To his Honour: He did not know of any land there that could not he cultivated if it were treated. Gro. Tanner, farmer, gave evidence as to the manner in which he had treated certain swamp land in the locality, and had brought it into a state of cultivation ,in a period of two years. Carter and Body's land required draining. Ho produced a sample of oats grown on tho property. A pumpkin, potatoes, melons, and ..onions were also produced, these having been grown on a neighbour's property which was also purchased from Chapman. Witness said he had thoroughly inspected Carter and Body's land, which was 50 per cent, in advance of what his own land had been when ho took it up. To Mr. Wilford: His farm carried SO head of cattle, U horses, and 2 sheep. He had made money out of his farm. Have you said in public that you would stand to Chapman whatever happened?— Certainly not. At this stage tho case was adjourned until 2 o'clock this afternoon.