APPEAL COURT.

Taranaki Daily News, Volume XLVII, Issue 8147, 3 July 1906, Page 2

APPEAL COURT.

MSB PEBS3 ASSOCIATION. Wellington, July a. The Court of Appeal to-day heard the appeal case Wm. Douglas Lysnar v. James Ctris. Dunlop and wife, an appeal from the decision of Mr Justice Edwards delivered at Gisborne on November 6th last. The appellant, a solicitor at Gisborne, had been retained by respondent Dunlop to oonduct *" certain litigation in the Supreme Court m 1897. Respondent being financially embarrassed and unable to find funds for disbursements, etc., got his wife to enter into a written agreement to guarantee £l5O by tho transfer of the mortgage of ft certain property held by her. in the Court belowt alleged that the transfer, although absolute in form, was really a mortgage of their interest in tho property to secure tho money incurred by appellant as costs, and that on payment of thesa costs they wore entitled to redeem. Appellant alleged that lie had openly purchased tho property, and that t'tia transaction was bona fide. The judge in the Court below found substantially for respondent, and decreed that accounts' bo taken and the property ?iven up to respondents. The case stands as part hoard.