SUPREME COURT.—CIVIL SITTINGS.

Thames Guardian and Mining Record, Volume I, Issue 92, 25 January 1872, Page 3

SUPREME COURT.—CIVIL SITTINGS.

Tuesday, January 2.'!. (■Before his Honor Sir Cf. A. Arncy, Chief Justice, and a Special Jury.) Ilis Honor took liis scat on the bench at in o’clock. Gcnv and Another y. Fraser. —This was an action to recover the purchasemoney on a certain property, to wit, a quartz-crushing machine, with water rights, known as Vickery’s, sold at the Thames by the defendant, he having no title to dispose of the same.—Air Rees opened the case, and called William Bailden, who deposed: I am one of the plaintiffs in this case. Air Jackson was concerned in this property at the time of the purchase. I remember going to Air Dowden’s auction mart on the 10th of February last to bid for Vickery's battery. Air Fraser was present when the sale commenced. I asked the auctioneer to guarantee the title, after he had read the conditions, lie referred me to Air Fraser, the principal. ATr Fraser said ho would guarantee the title, and take all responsibility. I was the purcliaserof the property. I paid the purchase money. .£loo, and took possession of the property the same dav. I got no transfer of title. I asked Fraser for one immediately after the sale. lie said he was going up town to see Air Weston, and it should be done in the begining of the week. It was not done as promised. Jackson came up on Alonday to

look after the transfer, but did not get it. I saw Fraser and Weston several times after about the transfer. They said it was no use for us to bother: the title would be all right. I saw Mr Fraser at Grahamstown about a month or six weeks after the sale. I asked him about the transfer. He said it was Mr Weston’s neglect or wc should have had it long ago. I saw Mr Weston twice about it. lie said it would be all right ; we would have no tiouble at all. I never got the title, and had to give up the property.—W. Dowden, called, deposed : I am an auctioneer, carrying on business at the Thames. I remember advertising Vickery's Battery for sale. Mr Fraser gave me instructions to sell it. He was present when the conditions of the sale were read.—The second witness for the plaintiffs had only been examined when the Court adjourned.