SUPREME COURT.

Globe, Volume XXII, Issue 2079, 22 October 1880, Page 3

SUPREME COURT.

The Supreme Court was occupied during the whole of yesterday with the case of Young v Hill and otners. In this case Henry Charles Young was plaintiff, J. E. Hill, John Tucker Eord, and Charles Newton, defendants. The plaintiff, it appeared, had mortgaged to one Philip Hanmer a certain piece or parcel of land, and that the attorney of the said Philip Hanmer caused the land to be put up to auction, and the same was purchased by John Tucker Eord and Charles Newton. The plaintiff protested against the sale, and negotiations were entered into between the firm of Eord and Newton and the plaintiff to let the latter become again possessor of the property. The plaintiff Ly his declaration averred that the firm of Eord and Newton had never paid anything, but that they had been allowed to become nominal purchasers to enable them to exercise pressure over the plaintiff for payment of certain sums owing by him to them. The declaration went on to aver that the plaintiff had on several occasions offered the defendants the principal money under the mortgage, and also a conveyance for signature by them, but that they had declined, and still Jdid so, to sign the said conveyance. The plaintiff therefore prayed that the defendants might be decreed to execute such conveyance of the property on payment by him of the purchase money and interest. The defendants denied all the material allegations, and pleaded that the agreement betwen the plaintiff and John Tucker Eord and Charles Newton was fixed for a certain time, and that ho had not made the tender of the purchase money within the time so stated, or tendered the conveyance for signature as stated. The replication stated that there being a complete contract between the parties, the defendants had no right to limit the time of tender by the plaintiff. Mr John Johnston Fletcher was chosen foreman of the special jury. _ Mr Joynt, with him Mr Stringer, for the plaintiff. Mr Harper, with him Mr Loughnan, for the defendants. Mr Stringer read the declaration and picas. Mr Joynt called evidence, and up to the close of the day’s proceedings, Messrs Young, Cunningham, H. Marks, and L. Harper had been examined.