SUPREME COURT.

Globe, Volume XX, Issue 1593, 28 March 1879, Page 3

SUPREME COURT.

♦ SITTINGS IN BANCO. Thursday, March 27. [Before His Honor Mr Justice Johnston and His Honor Mr Justice Williams.] DRANSFIELD V. CREYKS. Argument ou demurrer. Mr Joynt for the plaintiff, Mr George Harper for the defendant. In this case tie defendant had pleaded that the plaintiff by the previous action of Drums field and Croyke adopted the lease which by the present action is attempted to be set aside. I ho demurrer to the plea is upon the ground that the fact of bringing the fir.-t action of*Cr yke v. Dransfield did not amount t) such an adopt.on, and acquiescence in the lease as will estop him from setting it aside on the ground of fraud. The case has been several times before the Court, in the first instance as Oeyke against Dransfield then as Dransfield against Creyko, and has often been frought before the Judges in Chambers and Banco sittings, besides having travelled to the Court of Ap, eal at Wellington. The present action w«s commenced so far back as September 1877 Mr Joynt proceeded to address the Court ou the demurrer. Ho said the present action was being brought in the nature of a suit in equity to have

a certain lease entered into between the plaintiff and defendant set asi 'e on tbe ground ih it the same was obtained by fraud and false representations. it was alleged in the declaration that the deed of lei e was made in 18 »5, th it the defendant granted to the plai tiff the lease of a certain pie re of land at Lytt dton, numbered 32 on the surveyor's plan. This was to he leased for a terra of ten years, at ,£IOO a year, ■ nd was to be followed on its expiration in 871 by a further lease of eleven < ears at a rental of .£3BO. [The harned counsel he r e read the full particulars of the ca-e, which have been fully published from time to time 1 In the month of < 'ctoher, 1870. the whole of the buildings on the land were destroyed by fire, when disputes arose, which ultimate y led to acti ms in that t ourt, and Lransfield was now praying the Court to be relieved from the lease; that no furth r steps should be taken with regard to the unsatisfied judgment j and further, that the Court would allow the plaintiff the costs of the present proceedings, and such further relief as it might I ink fit Mr Joynt addressed the Court at considerable length, quoting copiously from authorities. Mr G orge IT rper replied at equal length on the other siic and Ultimately, the Court reserved judgment, REGINA V CHADWICK. Mr Geoige Harper applied h r a rule nisi, calling upon the Attorney-General to show cause why the bail of the petitioner should have been estreated at Timaru latuiy. The rule was granted, and made returnable for the next banco sitting. HENDERSON V NAPIER HARBOR BOARD. On the application of Mr George Harper, an order was made for the removal of the records in thin case to the Supreme Court, Dunedin, where the case is to be argued next week. mmmmmmmmmmmmmaammmmmmmmmm