APPEAL COURT

Dominion, Volume 13, Issue 179, 24 April 1920, Page 8

APPEAL COURT

. -• RIGHTFUL OWNERSHIP OF LAND. The Appeal Court was engaged yesterday in hearing argument in a caso involving the ownership of a piece of land in Linwood, Christchurch. On the bench were tho Chief Justue (Sir Robert Stout), Mr. Justice Cooper, and Mr. Justice Chapman. This was an appeal by the Crown, the respondents/) being - Alfred Atyeo, of Wilson's Road, Linwood, a retired milway servant, and his wife, Emily Sarah Atyeo. ■ . . '' . Atyeo brought an action in,.the Supreme Court at Christchurch against tho Crowi(, and in his statement of claim alleged that in November, 1917, the Minister of Railways wrongfully took possession of a strip of land in Wilson's. Road, Linwood, occupied by him. He claimed to recover possession of the land and £5 mesne profits. ' - ' Tor the Crown it was denied that there was any wrongful possession. The Crown alleged that Atyeo was not the owner of the land, and that in November, 1917,. ho was not lawfully entitled to possession. ■' - Mr. Justice Herdman, who beard the case, held that Atyeo was entitled to the land and that the Crown had occupied a. small- corner of the land for many' years without protest and by possession.-' had, no . doubt, become en. titled to it. The appeal was against this decision. ' ' Sir John Salmon, K.C. (SolicitorGeneral) and Mr. A. T. Donnelly (Crown Solicitor, Christchurch), argued the caso for the Grown. Mr. A. I\ Wright, of Christchurch, appeared for tho respondent..- ■ • . After' hearing argument wlucli lasted tho-whole day the - Court reserved depision. . • 'jj