RESIDENT MAGISTRATE'S COURT, ALEXANDRA.

Dunstan Times, Issue 960, 10 September 1880, Page 2

RESIDENT MAGISTRATE'S COURT, ALEXANDRA.

Movday, September 7tii. (Before Jackson Keddell, Esq., 11. M.) Theyers v. Hi vers, —An interpleader sum

Mr F. J. Wilson appeared for Mr Elvers, Mr Theyers conducted his own'case.

The Bailiff of the Court gave evidence of seizure of a mining claim under a Warrant of Distress, at the suit of James Eivcrs against one James Coleman, and the claiming of the fame by Mr Theyers. Win. Theyers deposed that on the 21st August Coleman had transferred to him the claim in question, and the Mining Registrar produced the transfer, which was to the effect that Coleman had sold the claim (describing it) to Mr Theyeis for L2O. Mr Theyers further proved that it was a bona fide transaction. Mr F. J. Wilson argued that the transfer at most was only an equitable contract bo • tween the parties, and conferred no legal estate, as Sec 9G of the Mines Act, 1877 required all mining transfers to be by deed in the absence of any regulations providing otherwise, and it was laid down in Dart's Vendors and Purchasers— quot’ng that the rule that in equity the purchaser became the owner of the property applied only as between the parties to the contract, and could not be extended so as to affect the interests of others, and that before the contract was carried into effect by a deed ; the purchaser Theyers in this case could not ! against a stranger to the contract enforce

any equity attaching to the property ; and further that, this being at most an equita. Ide title, it was laid down in Archibald's Practice that the Courts in interpleader cases had no jurisdiction to enter into equitable claims under an interpleader, ami therefore the Warrant must proceed. The Magistrate said as the point raised was an important one, and required time for consideration, judgment would he reserved until next Court day.

WARD EX'S CO CUT. A few applications were dealt u ith.