THE COURTS. DISTRICT COURT.

Tuapeka Times, Volume V, Issue 238, 22 August 1872, Page 7

THE COURTS. DISTRICT COURT.

(Before His Honor Judge Gray.) Wednesday, August 17th. Salley and M-Donald, Executors of Griffen; v. Roberts.— This was an action to recover the price of certain shares in the Building Society, soli by plaintiffs to defendant. The defence set up was that , after the contract of s de, it was agreed between plaintiffs and defendant that, in consideration of the defendant relinquishing an equitable interest in a section of land belonging to him and the testator, but conveyed to the testator alone, the defendant was to have the shares. Plaintiffs* witnesses denied that the last mentinned agreement had ever been made. For the defendant, Mr. Keen proved th.it he had been told by tha plaintiff, M'Donald, that such an arrangement had been made; and Jirs. Koberts, the defendant's wife, deposed where defendant, herself, Halley, M'Donald, M'Beath, Farrer, and Copland, plaintiff's solicitor, were all present in the tank of New South Wales, Lawrence, for the purpose of signing a consent to a decree in an udininUtr.it va suit ; thafc the plaintiff then promised that defendant waa not to be interfered with or molested as regarded the property in hi* possession. Me'ars. M'Brfath and Fapser were subsequently called, and corroborated what was stated by Mrs. Roberts ; but had no distinct recollection of the s bares m disP'lte having been specially referred to. Upon considering the evidence, Mis Hmor g.ive^ judgment for the plaiutiffs, a3 he considered that the second contract had n«»t been sufficiently established by the evidence. Air. Copland for plaintiff* \ Mr. ilouat for defendant.