DUMMYISM.

Temuka Leader, Issue 2077, 26 July 1890, Page 2

DUMMYISM.

Mr Justice Wi liams gava judgment for plaintiff in the case Reid v. (iiliiand. This was a suit for posseseion of "a section of 318 acres *t Waitahuna. The plaiotiff, John Reid of Dunedin, estate agent, claimed 'to be the owner 88 registered proprietor in fee simple, and said defendant held the Und without right or title and refused lug ve tip possession; Defendant Gilliand alleged that he agreed in 1882 with Smith and Sons, for whom he was a shepherd, to acquire this land for them (onder the deferred payment regulations which prevented ;h-ir acqairing it themselves) as their trustee (to other words their dummy); that he did acquire it, and at Smith ' and Sons' request nfterwards excuted a mortgage over it to Reid fer an advance of £I3OO, of which sum he (Qilliand) had not received a * penny. Subsequently the land was soli by order of the mortgagee Reid, who purchased it himself and was registered as the proprietor. Gtlliaod had kept possession and worked the land, keeping accounts with Smith and Sons as their agent or dummy. In the course of judgment the judge said " Gilliand is far from being stupid or unintelligent, his letters are well expressed and coraectly spelt, and he gave his evideuce.as.if he perfectly well knew what he was about. He admits that at the land board enquiry he swore falsely. The documentary evidence does not support his present contention, and if it were "sought now to set aside the mortgage in substantive proceedings on the grounds that no money had ever been advanced under it, or on any other ground, it would certainly require the clearest, uoimpeacb* able evidence to justify the Court in * taking that course. That evidence was not forthcoming in the present : case. Defendant may have, for all I know, other rights of action against the Smiths, but he has not made out any defeuce to the-; present proceeding, sufficient to defeat the plaintiffs title obtained under the " Land Transfer Act."