RESIDENT MAGISTRATES COURT, CLYDE.

Dunstan Times, Issue 962, 24 September 1880, Page 3

RESIDENT MAGISTRATES COURT, CLYDE.

Tiipksdav, September 23rd. I Before Jackson Keddell, Ksi| , 11, M.) Rivers v. Coleman.—lnterpleader summons. Tips case o one before the R.M. at Alexandra, on the 7th instant, ami after hearing the evidence sai 1 the point was a very important one. and that he would reserve judgment. The following is the result :

His Worship sail—The counsel for the execution creditor took exception to the form of document professing to transfer property from the debtor to Thoyers as not vo nplyiiig with the ('oiivvvaneing * )r liiianvo as required hy section 03 Minus Act—there being no regulations made under that section. This document is informal in my respects, though its intent is clear. I agree with this argument that until regulations are made all transfers inu-t lie by Deed—'mu important c-smtia! omi'tnd from this document is ii the witms-ing part, this living so, it was further aigu ;d that there being no legal title in They the Court was precluded from interfering, because the title at bo--t was only an equitable interest. In tin .'Supreme Cnirr. of this Oniony the two jurisdictions of Law an I Equity are fused— Referring to the Supremo Court Practice anl Price Hire Act, IS >;>. the section of the 11, M. Act relating to intorph a ler, and the Coiin'y ConroAit in England, I think my powers allow me to give a judgment on equitable grounds.

It was not alleged that Thcyvrs had acted in co fusion with the Execution Debtor. The debtor appeared to have given the transfer volunt.aiily, ami They-rs hi.l his best to cmnplute his title even before judgment was given.

Acting on the equitable jurisdiction T believe I possess, I order that the Bdliff <lo sell the property claimed, ami afte - pay men*; of ex pens s. ilo jay the sum assigned by the transfer to W. Theyers first, ami afterwards the balance to go in satisfaction of the Execution Ore litnr’s judgment. Costs to bp divided between (lie parties.