SUPREME COURT.

New Zealand Times, Volume XXX, Issue 4544, 13 October 1875, Page 2

SUPREME COURT.

Tuesday, October 12. (Before Hia Honor the Chief Justice, without a jury.) MOUNTAIN V. HALL V. AND ANOTHER. This was an action to recover possession of a piece of land, part of section 490 on the plan of the city of Wellington, a narrow strip, having a frontage of 91 inches on Earubtouquay, and extending back 120 feet, running to a point. Bor plaintiff, Mr. Travers ; for defendant, Mr. Brandon.

Mr. Travers opened the case by stating to his Honor that himself and his learned friend, Mr. Brandon, had agreed, the consent of his Honor being accorded, that certain facts should be admitted in order to simplify the evidence and lessen expense by rendering the institution of a suit in equity unnecessary. His Honor concurred in the arrangement, and

Mr. Travers proceeded to give a history of the title, alleging that from the very outset there had been a mistake in the boundaries. He put in the whole of the deeds connected with the property as documentary evidence. Mr. Brandon put in documentary proof of the sale of the land by public auction in 1865 ; and produced an advertisement in which the land had been described as laud in the occupation of certain persons at the time of sale, and there was no enumeration of the number of feet to be sold. The same description appeared in the deeds of conveyance. Boland Bobert Davies, deposed : I was one of the first settlers here, having arrived 22nd January, 1840. I knew John Minifie, and remember his building a house on Lambtouquay. He was living iu it about June, 1842. I know defendant Mr. Hall ; his shop occupies the same site that Mr. Miuifie’s did ; the adjoining land was unoccupied for a considerable time after Mr. Minifie built his shop. Six months after Minifie built his shop Mr. Tane erected a shop next to him ; that was on the same spot as Mr. Mountain now occupies. To Mr. Travers : To the best of my belief there bus been no alteration whatever. To his Honor: The buildings have been rebuilt, and I cannot say from any measurement that the new building has not been built 9in. in another direction. There was a passage then as now.

John McGlaggan proved that in 1865 he was carrying on business in Wellington as a builder ; in September, 1865, he completed a house for John Minifie, and took down the old building. To his Honor : The building was as far as possible erected on the old site. To Mr. Travers ; Did not recollect hearing Mr. Minifie warned against encroaching on the right-of-way ; a passage way was left as before ; nothing was said after it was erected. The building was set out according to the old building. Geoige John Hall, defendant, deposed : I am a plumber and painter, and son-in-law of John Minifie. I remember him building the place in which I carry on business. \Vith others, I assisted to pull the old building down. There were no alterations mad© in the measure-

meuts of the house. Mr. Minifie and I examined the frontage of the new house- with the frontage of the old; and found tJ*sre was no difference.

Cross-examined; Mr. Meuutain has frequently told me I was on his land. I got the property in 1867, since which he has told'me it was upon his ground. I never agreed that the land should be surveyed in order to settle the dispute. I do not know that in consequence of inaccurate surveys of the lands of the town corrections have been necessary. Mr. Mountain says I am upon his front and he is on my back land. The eaves of his house may overhang my land. I would not say it was so or not.

To his Honor; Mr. Mountain never gave any reason for saying I was on his laud. That was the case for the defendant. After Mr. Travers had been heard in reply,. His Honor reserved judgment. TOD V. CAMPBELL.

His Honor said he had not yet come to a decision in this case. His attention had been attracted by the plea reading “ delivered to ” instead of “ delivered for,” but if he found it necessary he should amend the plea. YOUNG DICK V. JANE SPIERS CASE. Mr. Allan mentioned this case, and said that Mr. Travers and himself would be prepared to go on with it on Monday.