SUPREME COURT.

Dominion, Volume 7, Issue 1886, 22 October 1913, Page 5

SUPREME COURT.

LAND EXCHANGE TRANSACTION: )' An action to set aside a judgment for specific performance was heard at 3 the Supremo Court yesterday, ' IJia liofipui\ Mr. Justice DsiuystoA,

sat m Chambers to hear this application brought by Harold Feaver, labourer, New Brighton, who was sued by Thomas William Barrow, butcher, Ohnstchurch, who asked for leave to issue a writ of attachment against defendant. M'"- l'eacock, with Mr. A. C. Champney, Christchurch, appeared for the detendant Feaver, who applied for the setting aside of judgment, and Mr. I? air, who represented plaintiff, moved to have judgment enforced. The judgment was obtained by default, requiring specific performance of a land exchange transaction by tho defendant, and the application to havo it set aside was made under Rule 236 of tho Supreme 'Court. The original action arose on an agreement entered into on March 8, 1913, by which Ba lrow was to transfer his interest in two properties to Feaver. A writ of summons claiming specific performance was issued on August 7 and the following day the parties entered into a further agreement, which was set out in the judgment. In an affidavit, defendant stated that he had never before bec-n a witness in an action, and when called by plaintiff's counsel was very much discomposed and unable to express himself clearly. Ho was quite willing to complete the exchange, subject to a reasonable arrangement, but failing plaintiff's willingness 11 arrange terms, he applied to have judgment set aside. After hearing arguments on both sides, His Honour adjourned the case until Friday week to give the parties an opportunity to arrive at a settlement.