SOLD THE WRONG LAND

South Canterbury Times, Issue 2628, 23 August 1881, Page 2

SOLD THE WRONG LAND

An action at law under rather extraordinary circumstances is thus reported in the Melbourne “Argus”: "The Colonial Bank was sued in the Supreme Court by Mr John Hassell, a farmer near Horsham, to recover the value of a piece of laud that bad been sold by the Bank, and which belonged to him. It appeared that the Bank had recovered a judgment against another John Hassctt, uncle of tlie plaintiff, and who lives near the plaintiff, ami the sheriff was instructed to sell the uncle’s land. By some mistake the sheriff sold the nephew’s land. The Bank bought it, and as it was under the Transfer of Laud Statute, obtained the usual document of transfer from the sheriff, and was registered in the titles office as the owner of the land. The Bank sold to a man named Fraser, and then plaintiff 1 became aware for the first time what had been done. The statute, however, made the certificate that had been issued to the Bank indefeasible, so that the only remedy the plaintiff had was against the indemnity fund or the Bank. The department refused to recognise the claim, alleging tint it was the fault cf the Bank that the mistake had occurred. Plaintiff therefore sued the Bank, which contended that it was not legally answerable, as the mistake was none of its doing. The question whether the Bank was liable was reserved for the full Court, and subject to it the jury gave a verdict for plaintiff, damages £401.”