SALE OF NATIVE LAND
INTENDING PURCHASER’S RIGHTS Because P. Lloyd Francis was not inform ed, when he agreed to purchase 475 acres of native land, known as Te-r.u-o-Waikato, that the property was subject to Part XIII. of the Land Act 1908. Mr. Justice Ostler today held he was entitled to refuse to accept the title, and could resist a claim for specific performance. The action for specific performance was brought by Wenzl Scholium, and three points of law were agrped in the Supreme Court. The issues were: Whether the land became European land under section 206 of the Native Land Act 1909, after the commencement of the Act, or whether the land became or was subject to Part XIII. of the Land Act 1908 or any other enactment imposing a limitation on the area. At the hearing, Air. Prendergast appeared for the plaintiff, and Mr. McVeagh and Mr. Finlay for the defendant.
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https://paperspast.natlib.govt.nz/newspapers/SUNAK19300322.2.113
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Sun (Auckland), Volume III, Issue 928, 22 March 1930, Page 10
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152SALE OF NATIVE LAND Sun (Auckland), Volume III, Issue 928, 22 March 1930, Page 10
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