LAW REPORTS.

Dominion, Volume 5, Issue 1460, 7 June 1912, Page 3

LAW REPORTS.

$ THE ROAD AND THE SECTION. AT TRENTHAM. BUYER AND VENDOR AT ODDS. Trentham sections, fronting on the Main Ilutt Road, h:\\e caused litigation between vendor and purchaser, and in the Supreme Court yesterday morning, Mr. Justice Cooper was asked to settle certain difficulties that have arisen. The partios to the action were Edward Andrew Bontliorne, ironmonger, of Wellington, piaintift, and Chn'-tina ( Backstrom, v.'ife of Christian Baekstroin. of Trciithajn. Mr. I'. E. J'ethcrick appeared lor 8011niorne, and Mr. 'J'. C. A. itislop j.-intared t'er .Mrs. Backstrom. In the statement of claim it was ret out that, by ail agreement dated .Inno 13, 1908, Bontliorne had contracted lo purchase trom !Mrs. Backstrom two adjoining sections at Trcntham having a frontage on the .Main Hutt Road. It was allied that a condition of the sale was that the land was ,-j corner section, and that tho land bounding on the north siilo would !;o used as a read, to be kuown as lielag.irde Road. A plan showing this mad hid been before tho parties' at the time that the agreement was entered into. Subsequently Mrs. Backstrom had expressed her intention of using this land (on the northeast side) for purposes other than ronding, and when plaintiff Bontliorne completed the purchase in August, 1910, lie did so under protest, and on condition that all his rights in regard to the road should be reserved. He subsequently lodged a caveat to pre.vent Mrs. Backstrom from using tho land for any other purpose tnan reading. _ He now scnight an injunction to restrain Mrs. Backstrom from using tie land for any other purpose, and he asked that Mrs. Backstrom should bo made to specifically ptrfoTiu the agreement; In the alternative Bontliorne claimed A'.'jfl as compensation for alteged breach of contract. In defence, Mrs. Backstrom denied the main' paragraphs in the statement of claim, and stated that, before the npieement had been entered into on oiir.o 13, 1908, she had abandoned her intention of using as a road the land on the northeast side of tho sections, and that Bontliorne knew this. Mrs. Backstrom also pleaded that there was no memorandum in writing sufficient to satisfy the Statute of Frauds of a contract by her with plaintiff Bontliorno to make the i'.;arl cr grant the right of way. During the course of Mr. I'ethjvick's opening, his Honour asked Mr. Hisiop: "Do you say you are entitled to fell this land on the north-ea.st side?" "Yes, if we wish to, your Honour," replied Mr. Hisiop. His Honour: I doubt very much whether you are. It is quite another question as to whether defendant is required to actually make the road or not. Hearing of evidence proceeded throughout the day, and had not concluded at 5 p.m., when tho Court adjourned until this morning. THE "ELIZABETHAN LAW" CASE. NO FINALITY YET. The case of William Brunskill v. Barbara llary Anderson (formerly £owan) and George Cowan, which had been heard in the Supreme Court before Mr. Justice Cooper last Friday, was called on for judgment, yesterday morning. The action was brought on the authority of a law made in the reigu of Queen Elizabeth, dealing with the evasion of debt. It dealt with a guarantee given to Brunskill by Sirs. Anderson (formerly Cowan), on which guarantee Brunskill had obtained judgment for 4s. Id., together with costs totalling 9a. Gd. Mrs. Anderson pleaded inability to pay and stated that she had no property, it appeared that just prior to her second marriage she had settled the bulk of her property npon her children, this being done with the intention of protecting her children in regard to the second marriage. Tho question submitted to fhe Court was whether (when a voluntary settlement has been made, and has the effect of defeating creditors) the Court will conclusively presume that it was made with the intention of defeating creditors. At the hearing Mr. A. Fair appeared for Brunskill, and Mr. B. E. Murphy, of Feilding. appeared for Mrs. Anderson and Gboige Cowan. His Honour delivered a very lengthy jndgment yesterday, reviewing the authorities on the case, but said that he could not finally settle the question until he had information as to whether tho settlement had lieeii followed by a transfer of certain, mortgages to Hie trustees. The matter was therefore adjourned to enable counsel to furnish the Court With this information.