LAW REPORTS

Dominion, Volume 8, Issue 2270, 2 October 1914, Page 9

LAW REPORTS

SUPREME COURT

SALE OF NATIVE LAND

PROCEEDS TIED UP

Iu tlio Supreme Court yesterday his Honour tho Chief Justice'(Sir Robert Stout) commenced the hearing of a case arising out of the sale some time ago. of a block of Native land, the vendor being dissatisfied with the conditions of the transfer, which placed the purchaso money boyond reach so far as the capital was concerned. The plaintitf in tho action.was Horiana Natanahira, Native woman, of the Wairarapa district, and the defendants were Alexander James Toogood, of Featherston, and the Public Trustee. / Mr. C. H. 'l'readwell appeared for tlio plaintiff; Mr. M. Myers, with Mr. T. C. A. Hislop, for the defendant Toogood; and the solicitor for the Public Trust Olfice (Mr. ; J. AV. Macdonald) for the' Public Trustee.

In outlining the facts Mr. Treadwell stated that his client (Horiana) had been the owner of a section of land in the Wairarapa. Through the lkaroa District Maori Land Beard, Horiana transferred this land l to the defendant Toogood and others, to whom she.owed a large sum of money, debts contracted in various ways. The total value of the property wzi something over £14,000, and the balance due to Horiana was about £7000. The Land Board stipulated that this, balance was to be investedin trust with the Public Trustee. This arrangement was not pleasing to Horiana at first, but she subsequently gave her consent, though counsel submitted she'had signed l the transfer under a misapprehension. She was / to leave her property to her children, but the memorandum attached- to the deed left it to the discretion of the Native Land Court to declare who were tho persons entitled to the property. Counsel pointed out that Horiana had originally purchased t'lie land from a European, and it was questionable if it could be strictly deem-' ed Native land. The balance due to Horiana had, in terms' of the decision of the Maori Land Board, been vested in the Public Trustee, who (it was said) had cancelled tho original document in favour of Jloriana, and had registered a fresh one in favour of the Public Trustee. Horiana now asked that the deed of settlement in tlio Public Trustee be set aside, and that she should have control of tho balance of the money left over from the sale of land.

The defence was briefly that the whole transaction had beeu carried out with the full knowledge and consent-of Horiana, and that only in such circumstances would the Maori Land Board have agreed to the transfer. " Lengthy evidence is being called. Tlio case was not completed at 5.30 j).m. yesterday, and the further hearing was then adjourned until to-morrow. .