MASTERTON SUPREME COURT

Dominion, Volume 8, Issue 2416, 23 March 1915, Page 9

MASTERTON SUPREME COURT

INTERESTING NATIVE LAND CASE A case possessing unusual features was heard in the Supreme Court at Masterton on Monday, before His Honour Mr. Justice Stringer. This was an action in which the Official Assignee applied for an order for specific performance by Harry Nee of tho transfer of the title of certain Native laud near Masterton to tho Assignee. The defendant, in a counter-claim, sought to recover possession of the land and £250 damages.

Mr. E. P. Bunny appeared for the Official Assignee, and Mr. S. J. Moran for the defendant.

Counsel for the Official Assignee explained that in ' 1886 Patrick Carr becanio possessed of 8 acres 3 roods.!i9 perches Of land, undor lease from the Natives. . He remained in occupation as a lessee until 1898. In the lattor year he agreed to. purchase the land from the Natives, and paid over the purchase money. The necessary documents were prepared by a. solicitor, but, for isome. reason, the transfer was not cotnpleted. In 1902 a fresh deed of transfer was drawn up, and Carr paid over further moneys to., obtain signatures, but still the transfer was not Fresh documents were prepared in 1906, but no title was issued. Meanwhile, Carr remained in possession of the land, and effeoted numerous improvements, and no demand was made upon him either for rent or possession. In 1911 Patrick Carr beoamo bankrupt, and his estate and interest passed to the Official Assignee. The solicitor for the Official Assignee procured a copy of the transfer of 1905, and applied to the Native Land Court for a confirmation of tile title. " The Court, however, refused the confirmation, ' and subsequently granted a confirmation of the transfer to defendant Nee, who had paid a sum of £300 to the Natives. His Honour: Then the Natives have paid twice for the land? Mr. Bunny said that appeared to be so. It was contended that the Native Land Court had no jurisdiction. Carr and the Official Assignee had remained in undisturbed possession of the land, and it was now asked that an order be made for- the transfer of the title from Harry Nee to the Official Assignee. Evidence was then called in support' of the plaintiff's case. • I His Honour reserved judgment, but intimated that the evidence appeared strongly to favour plaintiff. ■