KIPA TE WHATANUI V. RIRIA RANSFIELD AND WM. BELL.

Manawatu Herald, 21 January 1889, Page 2

KIPA TE WHATANUI V. RIRIA RANSFIELD AND WM. BELL.

» This action, in which the plaintiff songht to set aside a conveyance of block 27, Waerenga, and to recover Ll5O damages against Bell, was resumed before Mr Justice Richmond yesterday. Mr Baker, of Palmer ston North, appeared for the plaintiff, and Mr Jellicoe for the defendants. Further evidence i" support of the plaintiffs case was given by Alex ander Mackay (Judge of the Nwtive Land Court), HoaniTaipna(M.H.R.), Thomas MuClellaud, Morgan Carkeek, William FT. Simcox, Charles j McLean, aud Bichard Booth. At the conclusion of the plaintiff's case, i Mr Jellicoe moved for a nonsuit on the ground that the contract relied upon was void under the Native Land Act, 1878, and that the alienation could not take effect in the absence of an order for a freehold tenure from the Native Land Court ; that there was no evidence of fraud against Bell; and that the action could not be maintained as a gains 1 the defendant Rmsfield, inasmuch as the plaintiff had not proved that sho was no', possessed of any separaie estate at the date of the contract. I His Honor non-suited the plaintiff, ! with costs on the lowest scale, on the points raised bv Mr Jellicoe. — N. Z. Times.