WARDEN'S COURT, AHAURA.

Grey River Argus, Volume XII, Issue 1413, 10 February 1873, Page 2

WARDEN'S COURT, AHAURA.

Friday, February 7. (Before Mr 'Warden Whitefoord.) Alcorn v. White and Garth,^A com plaint that the defendants were in illega possession of an agricultural lease of 50 acres at Square Towu, with a house and other improvements. The plaintiff also claimed L 25 as damages thereon. This case was in the nature of an interpleader action to test the ownership of the property in dispute. Subjoined are the facts: — A man named Robert ipfithythe^ first:" occupier of the land in dispute, became indebted to the < complainant and the defendants in a large amount to each party. Frith bolted from hi 3 creditors, as the complainant alleged, and left a man named Hunter in occupation of the house and other property. Hunter claimed, under what pnrported to be a deed of absolute sale, the ostensible consideration for which was Ll 00, made up by a claim he had against Frith for wages as a baker, cash advanced to Frith, and work done as a sawyer. Alcorn disputed the validity of the sale, and sued ' Frith, who could not be served personally with the summons. ■' . Substitute service was proved, and a verdict was given for the amount claimed with costs. White and Garth at the same time sued Hunter as agent for Frith, and obtained a verdfcr by- default," with costs. Both parties procured' distress ' warrants, and

levied on the property, but White and Garth were first in possession. The bailiff sold at the suit of White and Garth versus Hunter, and the judgment creditors became the purchasers. The present plaintiff, through his agent, protested against the sale before it commenced, and he now disputed the legality of it. The whole question turned upon the validity of the sale from Frith to Hunter. That person was called, and he swore most positively that the consideration mentioned in the alleged sale Dote was given by him .to Frith for the ; property ; that Frith owed him the money, for which he gave him credit, and that the property passed into his possession in a bona fide manner. This witness was subjected to a searching examination by the Warden and by the advocate for the plaintiff, but he firmly adhered to his statement as to the manner in which he obtained the property. , He explained why he did not defend the action, White and Co. v. Cross, himself, by stating he was legally advised that he could not be made liable for Friths debts, and consequently he did not trouble himself. The Warden, in giving judgment, said he did not give the slightest credence to the evidence of Hunter. He looked upon the sale from Frith to Hunter as a sham, and he was not going to permit the Court to be made a convenienca for cloaking such colorable transactions. A verdict would be for the plaintiff. With respect to the question of damages, if the plaintiff had suffered injury, White and Garth were not responsible, because they were evidently misled by Hunter, and wefe not to blame for the action they had taken. The land would be given up to the plaintiff and the defendants would have to pay the co3ts of the Court. Mr Staite for the plaintiff, Mr A. R. Guinness for the defendants. ■ Newcome , v. Kingham.— This was an application for a rehearing of a case which' was decided by the Court in May, 1872. The original dispute was about the boundaries of a block of agricultural land at the Hauperi, on the road from the Grey Valley to Canterbury. The Court did not consider the grounds : stated in the affidavit filed by the applicant sufficient, and refused the application with costs. The following mining applications were disposed of : — ■ -• Head Races— Algot Londahl, HalfOunce. Frontage Claims— John Surgeon, HalfOunce ; Thomas Williams, do ; Paul Kilsen, do ; Robert Fenelon, do. Extended plajmsTrrCharles Clarson, Duffer Creek ; Peter Henderson, Plapo? leon. Reservoirs — John Turner, Napoleon ; Algot Londahl, Half-Ounce. Amalgamation-^-Williams and Surgeon, Half-Ounce ; Londahl and party, do ; Kilsen and party, do, . A residence area was granted to James Walsh, Moonlight ; and a certificate for a tail-race to Eric Bostedt and party, at Half-Ounce. The Court was adjourned to 14th inst.