SUPREME COURT.

Nelson Evening Mail, Volume I, Issue 71, 28 May 1866, Page 2

SUPREME COURT.

SITTINGS IN BANCO. WEDNESDAY. An application by Mr. Jennings, of Motueka, was made to compel the Commissioner of Crown Lands for the province to give the applicant a proper Crown Grant, for fifty acres of land which he had bought; but which by mistake had been given i<- another person. The Court held that it was necessary for a formal action to he brought against the Commissioner, making all those who entered on the laud parties thereto. MACSHAXE V. GKEEX. Plaintiff, Mrs. Clara Macshane, claimed £98, as a half-year's interest on the purchase money of a portion of a run in the Wairau, sold by her and by her trustee, Mr. Charles Elliott, to Mr. Edward Green, under certain terms. Mr. Pitt acted for plaintiff. Mr. Kingdon, for defendant, pleaded a set-off apains: this claim as he had paid £250. Mr. Turner, who held a prior mortgage over the whole property of which this formed a part, said mortgage being granted by Mr. Elliott, and included in the land which belonged to Mrs. M'Shane, and which had been sold to defendant who had a right to grant possession. But this he did not get, as Mr. Turner hod given notice to sell the whole of the lands unless the money "was paid, and he claimed this as a set off against Mrs. M'Shane's claim. Mr. Pitt in reply argued that Mr. Green became bound to pay£9B per half-year to Mrs Macshane; and that had nothing to do with Mr. Turner's claim. Mr. Kingdon said that the payment was made on Mrs. Macs bane's interest, for if Mr. Turner had sold she would have lost her land. The Judge said that in that case she would have had an action for damages against Mr. Elliott. Mr. Kingdon said that would have done her little good.

Mr. Pitt contended that there was no legal claim, because the share of interest which Mrs. Macshane had to pay she had already paid to Mr. Elliott, who had not paid Turner but retained the money himself. Mr. Kingdon also deemed that Mr. Elliott was a trustee of Mrs. Macshane, for he had granted a second mortgage on this very property to Mrs. Robertson, and had thus doubly mortgaged the land before the trust deed upon it was executed. The Judge said that the greater was the shame to Mr. Elliott for granting a double mortgage on what was to be trust property. The objection of Mr. Pitt was found good; the setoff not being allowed, as there was not proper mutuality between the parties, defendant being responsible only to plaintiff, Avhile she was not responsible to Turner.