A DISPUTED LAND SALE.

South Canterbury Times, Issue 2320, 24 August 1880, Page 2

A DISPUTED LAND SALE.

(Abridged from the Dunedin Star.') On Saturday afternoon at Dunedin the holding capacity of Messrs Pastings, Leary, and Co.’s auction rooms was tested to the utmost, when a number of sections in the township of Hillside were submitted to auction. In explanation of what followed it may bo stated that a number of sections were sold b} 7 auction in November 137 G, at the instance of the Secretary to the local Building Society on the deferred payment principle, but that gentleman having suddenly disappeared the original purchasers have been unable to get their titles. The present sale was ordered ln r the Society to whom the land is heavily mortgaged. The appearance of the solicitor for the mortgagees, Mr D’Arcy Haggitt, in the rostrum was the signal for much hooting, and he was frequently interrupted while reading the conditions of sale. On his stating that the sections would be sold by Messrs Bastings, Leary and Co., someone in the body of the room called out “ No one else would sell.”

A Mrs Bailey whose husband had been . a purchaser at the original sale, then called out “The papers say this land has nearly all been paid for,” which was the signal for more uproar.

Mr Haggift—Perhaps you will hold your tongue. You can make your observations when I have done.

Xenophon Bailey—This land was sold four years back. Cries of “ Shame ” and “ That is part owner of the land.”

Mr Bailey—My friend, do you wish to see my right to the laud. I have paid £156 on it, and hero are the receipts. I have paid the money by working night and day, so that my r children should have something to support them. Often I have gone without my meals and worked in the rain to meet the payments. A Voice—We can’t hear the conditions of sale.

Mr Haggitt—Well, you are making such a jolly row I cannot help it. Xenophon Bailey—Gentlemen, is there no protection in New Zealand for (ho working man ? Is not this (holding up some papers) sufficient proof of my right to the land, and that I struggled hard to acquire it? Is there no law to protect the working man ? Mr Bastings—Gentlemen, I have no doubt that there is not a man in the room who does not sympathise with the original buyers. There is no doubt this man’s feelings are harrassed to a great extent, and he ought to have the sympathy of everyone in this town. Bor myself I sympathise with him, and it is very much to be regretted that such a thing as this should occur here to-day. Of the particulars of this matter I know nothing. I am authorised by the company to do my business, and if it is unpleasant I must do it as pleasantly and agreeably as I can. I am directed by the members of that company'. They themselves cannot help it. A Voice—Give the names.

Air Basting.!—[ was saying that the directors of the company wish to express through me the regret they experienca on account of the extreme measures they arc forced to take in this matter. Well, it is a very hard case now for these people who have bought this property and paid some of the purchase money of it. But if the property were not sold it would he a very hard case for the poor people who are shareholders in this Society ; a very large sum of money was given for the property as security. You have to look at both sides of the question.

Mr Hodgkins—l presume you have had your say. Mr Bastings. On behalf of Samuel Mewhiuney I hereby give notice to all present that be purchased sections 5, G, and 8, block 3, just announced for sale at the auction sale of Hillside township, on November 11, 1870, under the conditions of sale then produced ; that he has paid nearly the whole of his purchase money therefor, and up to the present time has performed his part of the conditions of sale, and he now objects to and protests against this sale. 1 repeat the notice already given on behalf of William Edmonds, purchaser of allotment 14, block 3. I repeat the notice already given on behalf of Alfred Lee Smith, purchaser of allotment 7, block 3 ; also on behalf of Neil M‘Oulloch, purchaser of allotment 15, block 1 ; William Cunningham, purchaser of section 10, block 3 ; and G. H. Marsden, purchaser of allotment 4, block 3.

Mr Bastings said these notices had been received m writing and submitted to the Directors of the Society who replied that the sale was to be proceeded with.

H e then proceeded to offer a number of section which had not been sold previously, and not being disputed found purchasers readily at £SO to £1 10.

On see!ion 15, block 1 being submilted Mr Hodgkins said —I have to renew nolico just given on behalf of Neil M'Oulloch on the ground that that section was bought by him at the original sale, Mr Hastings was desired to say that, so far as the directors of the Building Society were concerned, they were quite anxious to make arrangement with the original purchasers, but were advised by their lawyers that they dared not do so, otherwise every shareholder of the compare could bring an action against the directors. Personally be sympathised with the purchasers, and his sympathy extended to Ids breeches pocket. His sympathy would extend to £5 ss. (A Voice —Here’s another pound note). Ho behoved it was a hard ease, and that the people had got into a mess through acting inadvisedly. He eaulioncd people when purchasing in future to see that their deeds were right, and stated that their lirm never sold property without seeing that the purchaser had his title right. There were two ways of doing business — doing it properly and doiug it inadvisedly. A AMice —It is not right to put it up to auction.

Air Bastings—You arc in the handy of a respectable lirm of solicitors who will see yon through it. If the directors of id; the company do what is wrong yon can get plenty of money from them ; yon could not have a fatter client. How inuch shall I say for suction 10, block 1. Gentlemen, I am going to sell. AVill von start it? I will take an offer for ‘it.

A Voice —Half-a-crown, and I will give it back to the lawful owner. Mr Bastings —Here is s gentleman so liberal as to give half-a-crown for the section, and so put the owner right. If there is no other bid, gentlemen, I will pass it. A Voice —Will you guarantee undisputed possession ? Mr Bastings—l say you will yet your title from the Permanent Building Society.

Mr Bailey—We want the ground and not the money. You arc not men, and you ought to be ashamed of yourselves.

The section was then passed in at £SO bid for the vendors.

On section 2, block 3, being put up, M r Bastings, in answer to Mr Hodgkins, said “ I shall bo prepared to swear, Mr Hodgkins, in the Supreme Court, that you gave mo notice in respect of all these cases.”

Mr Bailey—l have paid £6 Its 5d on that section ; and, believe me, I have worked day and night like a slave to get the balance paid up. Mrs Bailey then offered £5. Mr J. Baxter (of the Pier Hotel) —I will give you £2O for the section, and hand it over to these people.—(Loud applause and cries of “Knock it down.”) I will make it £25 if yon^like. Mr Bastings —I have no power to knock it down ; I have to knock it down to the highest bidder. A voice—That is the highest bid. _ Mr Bastings—The vendor has a right to bid.

Mr Bailey—There have been three bids.

Mr Bastings—That is no use. I will give £5. That is £3O. You will soon 'make up the £IOO. I cannot knock it down below that.

Mr George Proudfoot —I will give £5. Two bids of £1 were then given. Mr A. L. Smith—This is begging, Mr Auctioneer.

Mr Bastings —I am offered £37, After a pause, Mr Bastings said— Well, gentlemen, I bid 10L) on behalf of the vendors. —(Groans and expressions of dissent). Well, gentlemen, I pass this section. It is passed in. I will now oiler section 4, block 3.

Mr Hodgkins—l give a notice of protest in the case.

The highest bid offered was £75, and Mr Bastings said ho would have to pass in this section also. Sections 5, G, 7,8, 10, and 14, block 3, were then put up, Mr Hodgkins objecting to the sale of them, but not a single bid was offered.

Mr Bastings—Well, gentlemen, we must pass them. That concludes the sale so far as the Hillside property is concerned.

Three cheers were give on the proposal of Mr Bailey, and the proceedings terminated.