COURT OF APPEAL.

New Zealand Times, Volume XXXII, Issue 5197, 17 November 1877, Page 3

COURT OF APPEAL.

Friday, November ,16. , , , (Before their Honors the Chief Justice, Mr. Justice Richmond, and Mr. Justice Williams.) ’ , , ' ' SPENCE V. PEARSON AND .OTHERS. / . This was a case removed from the Supreme Court, Otago, into the Court of Appeal. The plaintiff made an application for the purchase of a block of land in Southland comprising 1060 acres, and the Waste Lands Board declined to express an opinion on the application, pending the receipt of legal advice from its solicitor, to whom a question of law was referred as to whether or not other parties might not have equitable rights in the matter. It was subsequently agreed by the Board that plaintiff’s application should be granted. Plaintiff tendered the money to the Receiver ot Land Revenue, who refused to receive it. £1 per acre was at first tendered, hut plaintiff being informed that the price had been raised to £3 per acre, tendered at the higher rate. Afterwards another receiver was appointed, to whom the money was tendered and ace ;pted, 'but was subsequently tendered back to the plaintiff, on the ground that it had been paid by mistake ; but the plaintiff refused to receive it back again. The plaintiff, in his declaration, prayed; that he be declared the purchaser, at the price' of £1 per acre, of the land in question ; that tho Board was not justified in receiving the application of defendants for the purchase of any part of the land ; that if the price of the laud was more than £1 per acre,' the plaintiff should have the option of paying a higher price before any application, hostile■ to",the plaintiff was entertained ; and that the defendants may bb restrained Tiy injunction from further proceeding with their application. The defendants demurred to plaintiffs declaration ; and bv, order of Mr. Justice Williams the proceedings'were removed into the Court of Appeal. Mr. Stout and Mr, Barton appeared in support of the demurrer, and Mr. Macassy'and Mr. Bell to show cause, against it.. ' The case having been partly heard, .the Court adjourned uritil Tuesday'next.