SUPREME COURT. -CIVIL SITTINGS.

Daily Telegraph (Napier), Issue 3717, 14 June 1883, Page 3

SUPREME COURT. -CIVIL SITTINGS.

Tins Pay

(BoforeHisHonorCbiotJustieePrc-nderga.st) BE<iO V. TTSK. Mr McLean for tho plaintiff", and Mr Leo for tho deft, idant. This was a case m which tho plainti it claimed damages from the defendant for liavin"- encroached upon bis property. In opening the case Mr McLean explained that on tho 17th of April, 180.3, (ho plaintiff purchased a piece of land from Mr Rf>bert France consisting of surbau sections 77, 78, and 79, and containing 2 roods .8 porches. The conveyance of the land was. not given until the _otli May, IS7I, but the plaintiff occupied and owned the laud according _to tbe boundaries shown in the declaration from tho date of the purchase. Tync, the defendant, had an older title by purchaseto his land than that hold by Begg, tho defendant's section having been purchased by one Alice Allen, Tvnu's predecessor, on the 23rd November, 18-30. Alice Allen's conveyance was registered as No. 51, and the land was described as being part of_ town section 110 and of suburban sections 77 and 79. The defendant first went beyond the boundary adopted by the original owners, and adhered to up to that tune, in November last, being about nine mouths after his purchase of the section from Alice Allen. In that month the defendant cut down- tbe plaintiff's fence, which had remained undisturbed since 18G o, and encroached to the extent of a few square yards ou plaintiff's ground. Tho defendant's contention was that, according to his deed, he was entitled to 2.0 links measured from Cooto road upwards, also that he was on titled to these 250 links according to horizontal measurement. It would be shown, however, on behalf ot the plaintiff, that the land was purchased by surface measurement, and had thus been occupied ovor since. Tho first point would be that tho boundaries were originally staked off by tho parties who first occupied the land, and thirt those boundaries wore adhered to until November last. It would also be submitted in the second place that the mere staking off by the parties would have to be taken into account in construing tho deed. The third point would have reference to the question of the amount of damages. In reply to the Court Mr McLean said the actual value of tho land encroached upon would be a littlo over £3, but the plaintiff was induced to take proceedings on other grounds which were sacred, and which ho (Mr McLean) did not feel at liberty to disclose. A number of witnesses were examined, and the case was still proceeding when our reporter left.