A MAORI CLAIM.

Gisborne Times, Volume XXVI, Issue 2194, 19 May 1908, Page 2

A MAORI CLAIM.

NONSUITED WITH COSTS

The following judgment was given by Air. AV. A. Barton S.AI., in the case of Hape Kererit and Te Turukanui Kcreru v. AVilliam Douglas Lysnar: —

“Tli© plaintiffs claim to recover Iromthe defendant the sum of £l7O- - od upon the following statement of claim: (1) That Pita Tauhau, late of Mahia, Native chief, was one of the' owners of Nu'kutarua and Moil tore No. 1 blocks, situate at Ma. hia aforesaid, and is now dead; (2) the plaintiffs are entitled to the real and personal estate of the said Pita Tauhau ; (If) oil or about the 2nd day of November, 1897, defendant received a cheque on the lfanlc of New Zealand, Gisborne, for the sum of £6l 4s Cd from Henry Chatham Jackson, the receiver of the Validation Court at Gisborne, being a portion of the purchase money of the share of file said Pita Taohaii in (lie said Nukuiaurua and -Moldere--No. 1 blocks ■for the- use of "file said Pita Tauhau; (4) on or about flic 10th day of March, 1800, the defendant received the further sum of £46 (is 9(1, being a further portion of (lie said purchase money for the use of the said Pita Tauhau : (6) the defendant has not paid (he the said Pita Tauhau, or any other persons the- said sums of money nor any portions of it, nor has ho accounted" for it to the said Pita Tauhau or any other person therefor; (6) the plaintiffs are entitled to receive- the said sums of £6l 4s 6d and £45 6s Oil; (7) tho plaintiffs were not aware till the month of January last past that tho defendant received the said moneys for the purpose aforesaid. The plaintiffs pray judgment for the said sums, with interest thereon, amoiuiting in all to the sum rf £l7O 6s od. The evidence shows that Pare Arnbc Told tab i is the sole successor to Pita Tauhau ju relation to the lands in question, and by will of the said Parc Arulie Tokitabi, dated March 23, 1905, she bequeathed to the plaintiffs all her interests in certain lands, including those mentioned in the statement of claim. It was proved by an order of the Native Land Court, dated May 23, 1905, that plaintiff succeeded to the estate of the said Pare Arulie Tokitabi in the said lands, but it does not include personalty, and there is no evidence before me showing that plaintiffs are entitled to the personal estate of the said Pare Arulie Tokitabi, and that being so, 1 am of the opinion that plaintiffs have no right of action. Plaintiffs will therefore he nonsuited, with costs of the Court 2s, and solicitor’s fee £8 10s.