ISSUE OF ILLEGAL TITLE.

Taranaki Daily News, Volume XLVII, Issue 81884, 8 November 1906, Page 2

ISSUE OF ILLEGAL TITLE.

KEGISTKAU-OKNiiHAL HELD KL.-PONSiiii-E. IMPORTANT WAii'AKA CASE. PER V*ESS ASSOCIATION. Wellington, isovcmbcr !■ The Appeal L'umt gave judgment to-day in the New Plymouiii ease, Uus eli and allot ,e, v. Tnc Reg- 8 ' tiar-Gencrai of Lac Jo. svli ch was argutd on October mo J. Their Honor- .igv-cd ih.u plaint ffs were 'ent tl.:d i» clai meompen ation ivom the a-suraace fund, and that Ihe question must be answered in the aliirmaiivc. 'I hey ako agreed that 110 eontr butoiy negligence was shown by Ue circumyances dsclosed in the ca-e, and that queitioa 2, whether the plaintiffs' action in not searching the title-amounted to contributory negligence , must be answered in the negative. As to the questions relating to the classes and the measure of damage, their Honors thought they shou'd not do more than slate a general rule, and not d<'al with the specified heads of damage stated in the p'aintiftV prayer for judgment. Plaintiffs had lost the leasehold interest in that portion • of the land leased by them from which they had been evicted by the Maori owner, and the measure of damage, in the opinion of the Court, was the value to plaintiffs of that portion of the liand from which they had been so evicted. What that value was must be ascerta ned by determining what value the whole leasehold was to the plaintiffs immediately piior to the eviction, and what tha value of the portions of land remaining to the plaintiffs was immediately, after eviction. The difference between the two values wovEd be the 'taeasure of damage, plaintiffs to have their, costs fixed at ,£ls 151 °ut of the asi surance fund.