COURT OF APPEAL

Dominion, Volume 13, Issue 22, 21 October 1919, Page 3

COURT OF APPEAL

QUESTION OF TITLE

AN INTRICATE LAW POINT

A special case stated by the RegistrarGeneral of baud pursuant to section 205 of tile Land Transfer' Act, 1915, c.aino before the Appeal Court yesterday. On the Bench were His Honour thi> Chief Justice (Sir Robert fcjtout), Mr. Justice Edwards, Mr. Justice Chapman, and Mr. Justice ILosking. The facts of the case were that 011 February 17, 18S1, and on April 1, 1882; Crown grants were issued in respect of three parcels of land in favour of certain Natives, On the face of each of the three Crown grants appeared tlm following:—"Tho land shall be inalienable by gift, sale, o" by lease for a longer period than 21 years, or by mortgage, except by consent of the Governor-General being previously obtained to' any. such gift, sale, lease, or mortgage." Certain persons—James Patrick Bradley and John .Bernard Bradley—claimed that they had been in undisputed possession of the said threo parcels of land,'and had thereby acquired a title to same. On December 18, 1912, the Bradieys lodged with tho District Land Registrar, Wellington, <111 application to bring (inter alia) the said' land undsr. the Land Transfer Act, 1908, and to have issued to James Patrick Bradley and John Bernard Bradley, 113 registered proprietors, certificates of title. On May 22, 1953, a notice was published as prescribed by the Land Transfer Act, by the District Land Registrar, giving notice of the application, A caveat was lodged on behalf of tho Crown on June 24, 1913, forbidding the bringing of tho land under the Act. The question submitted for tho opinion of the Court was: Can the said James Patrick Bradley and John Bernard Bradley acquire a title to the three parcels of land or any of them by virtue of adverse possession for a period of twenty years? Sir John Salmond, K.C., appeared for the Crown, and Mr. C, P. Skerrett, K.C., with him Mr. Louis Cohen, of ffanganui, for the Bradleys. The question involved was entirely one of law, and was argued at great length. The hearing had not concluded when tho Court rose yesterday.