SUPREME COURT.

Globe, Volume XXIII, Issue 2151, 17 January 1881, Page 3

SUPREME COURT.

CHRISTCHURCH. SITTINGS AT NISI PRIUS. Monday, Jandabt 17. [Before His Honor Mr Justice Johnston.] The Court re-opened at 10 a.m. JOBD Y. LINDSAY AND OTHBBS. This was an action in which Edwin Eord was plaintiff, and Elizabeth Edith and John Lindsay defendants. The Union Bank of Australia, Limited, was also joined as defendants, as holding £IOOO of a separate estate of Mrs Lindsay. The plaintiff’s case was, that on 27th July, 1880, Mr Charles Clark, acting on behalf of the plaintiff, sold a piece of land on the North Town Belt, being part of rural section 257, by auction, of which the defendant, Mrs Lindsay, became the purchaser at the price of £360. An agreement to pay £3OO of the purchase-money as a deposit, and to complete the purchase within the period therein mentioned, was signed by John Lindsay, as agent for and with the consent of Mrs Lindsay. Several objections to plaintiff’s title were handed in by the defendants’ solicitor and answered by plaintiff by notice given to defendants. The notice thus given spoke of a mortgage given by the vendor of which notice of the provision by the vendor had been forwarded to defendants. The defendants, however, refused to complete the contract by paying the £3OO, as set forth in the agreement, and the present action was brought to compel the performance of the contract by the defendants. The defendants denied all the material allegations in the plaintiff’s declaration. Dr. Easter, with him Mr Wilding, appeared for the plaintiff. Mr George Harper for the defendants. Mr John Johnston Eletcher was chosen foreman of the special jury. His Honor asked whether there was any dispute as to the facts, Mr Harper said there was not. The main question was one of fact and one of law, viz., the denial of any separate estate in Mrs Lindsay. Dx*. Foster called evidence in support of his case.

At the close of close of the evidence for the plaintiff, the case went to the jury without witnesses being called for the defence. The jury returned a verdict on the issues, finding that there was no separate estate in Mrs Lindsay, which was virtually a verdict for defendant.

The Court then adjourned to ten o’clock to-morrow morning.