Supreme Court.

Taranaki Daily News, Volume XLVI, Issue 141, 18 June 1904, Page 2

Supreme Court.

KKIDAY, JUNE 17. IX CIIAAIHICUS. His Honour Air Justice lvdwards took business in Chamlbers. —l'rnbale My Kerr moved for probate of the will of tlie Into Jamoa Scott, of Alatapu, farmer.—Probate was granted accordingly. —Public Trustee v. Humphries In an application ill this case Mr Kerr (SUudish und Ken) appeureil for the I'u'hlfc Trustee and .Mr Wilson (Wilson and drey) for the de.eadant. Air Kerr moved for an order for the entry of final judgment, according to the Registrar's certificate, for 4:214 8s 4d, together with costs and disbursements, and for defendant to release the mortgage within forty days from the 7th of June, 190-I. Tho order was granted as prayed. —Alokuu-Alolfakaiino lilock.—

Mr Campbell, uf Wellington, moved, on behalf of Mr Wickham Flower, owner of the estate known as the Mokau .(ones estate, for an order calling on the Uog'istrar lo show cans',.' why he should not resistor ag'ainst (he title n lease secured by Mr Jones for the purpose of enabling mibso/iiieiit, dealings to he rey-is-

jMr Kerr appeared for (In. District l«iM Jtcgislrnr. Air (;aiii|ilH'll contended tlmt the

SUl'Vcy lieu u||ly operated ;1S a mortgage until!!- section 65 of (| u > Native Lumls Court Acl, JBiil, and was ineffectual as u caveat under scrlion (57 «f lho snid Act.

ill- Kerr, per contra, argui'il that a court of eijuily disregarded mere l»rn, ami looked at the substance ■ that the survey li™ showed that the -Native Lund Court found as a fact that the moneys mentioned in the hen wen- owing and to the document tile teal of the court had been allixcd, thus complying with the comtilions rdruired to make the lieu operate as a caveat under section (37 of Hie Act. Various statutes ami deci"til cases were referral to in the course of the argument, upon the conclusion of which his Honour reserved judgment.

I'uyly v. Deem—An appeal from t-liu decision of the Magistrate's Court at Hawera, and the. whole point turned upon the delinition of tise word --owner," in respect of liability under (he .Noxious Weeds Act Mr Samuel appeared for the respondent, and .Mr CninplH-ll for (he uppellanl. Alter a lengthv nrguiiienl and quotation of authorities His, Honour reserved his judgment lirylls t. the Doliee.-This\4 an ff . <™\, J'Hlement of i hUanlord, H.M Lpon lllis , called on, il,- Kerr, who ( ' ™rcd lor ,he police, in.imated that lad received notice of aUandon-

His Honour said he would hold the "■alter over until Monday ,! i Jverr could again mention it -Hannah v.. Burke and othersMr Hutchen mored for the appoint, »ode a L "" india " ad Himnah v. liurkc.-Interpleuder summons, rroce-edings stayed as court decision had been get aside.