SUPREME COURT.

Evening Star, Volume IX, Issue 2663, 30 August 1871, Page 2

SUPREME COURT.

IN BANCO. This Day. (Before Mr Justice Chapman.) CARGILL V. GREEJI, Motion for a decree.—Mr Mac,issey ■ for the plaintiff, in support of the motion ; Mr George Cook, with Mr B. C, Haggitt, for the defendant. The facts of the case were published (omo months ago. Defendant formerly claimed a large quantity of land in various parts of Otago ami Southland, which he alleged he had purchased from the Maoris prior to the settlement of the country. These claims, eight in number, were submitted to Mr Commissioner Bell, to be adjudicated upon. Mr Bell gave judgment in favor of defendant on four of the claims, awarding him 869 acres. Mr Bell decided that he had no jurisdiction so far as regarded three of the claims, and one he disallowed. In order to secure the payment of a debt of L.3030, defendant, on the 19th July, 1854, mortgaged the lands which had been awarded to him to the plaintiff. A portion of the debt was afterwards paid oil, but plaintiff alleged that LI7OO (including interest) still remained due. The mortgage had never been released. In the year 1&70 the General Assembly passed an Act called “The George Green’s Land Claims Settlement Act,” by which the mortgaged lands, so far as regarded three of the claims, were passed to the Crown, and 5000 acres of land, viz., 2500 acres in Otago, and 2509 in Southland, granted to Green in extinguishment of six of his claims. A dispute arose between the parties as to the proportion of this 5000 acres over which plaintiff was entitled to a fresh mortgage, and an action was brought. Defendant averred that the 5000 acres to be selected under the Act of 1870 were intended as compensation not only for the claims adjudicated upon by Mr Bell, but also of certain other claims, and #f groat expenses incurred by the defendant in the prosecution of his claims, while before defendant could select any portion of the 5000 acres, he must prove to the satisfaction of the Governor that all the expenses of James Spencer and other claimants had been liquidated and duly provided for. Defendant became insolvent after the mortgage (bub before the passing of the Act), and the encumbered lands were vested in Mr R. H. Forman as trustee. After defendant had obtained his discharge, he purchased from Forman the equity of redemption in these lands. Defendant did not deny that plaintiff was entitled to security, but contended that he was only entitled to security to the extent of the value of the mortgaged land at the time of the passing of the Act, which ho (defendant) (atimatod at L 360 15t, and offers to pay that sura, or any other which a valuation might show the land to have been worth, or to execute a mortgage for that amount. On the 9th June last plaintiff applied for an interim injunction te restrain the defendant from dealing with any part of the SUOO acres until the case was aeard. Ultimately an injunction was issued to restrain defendant from applying for a Crown grant, or dealing in any way with the 2502 acres of laud situated in Otago. Judgment deferred.