RESIDENT MAGISTRATES COURT ROXBURGH.
(Before W. L. Simpson, Esq., R.M.) Brighton, v. Comis7i. — The particulars of this case have been made public on a former occasion, when the plaintiff was non-suited. The present case was a demand for rent for the premi?es known as the Roxburgh Ferry Hotel, which is built on the street. Mr. M'Coy appeared for the defendant, who pleaded that the plain tiff had no title to the premises in respect of which he claimed rent, and nofc indebted. Evidence was given by the plaintiff as to his right to claim rent ; and a deed transferring the premises to him from M'Pheraon was produced. It appeared to be the opinion of the Court that rent could not be recovered under the lease from M'Phersonto defendant, as the conditions to be complied with by the lessor had not been fulfilled, and could not be now. - The case resolved itself into this : Whether rent was recoverable by M'Phersou or by assigns for the use and occupation of the premises. Among Beveral other points, llr. M'Coy submitted that this involved a question of title. Sellers having supposed that this property wa3 included in that conveyed to him, there must have been either a material mistake or fraud on tho part of M'Pherson or his assigns to hold a& 'against Sellars ; and though it was not competent for defendant to deny bjs landlord's title, it might bo shewn that it had determined. His Worsnip did not think there was any question of title involved. Mr. M r Coy submitted, as a non-suit point-, that even ii it were conceded that rent was payable to M'Pherson or his assigns, the action should be brought in the name of M'Pherson, and nofc in that of his assign (Mr. Eeighlon), other wise defendant would lose the advantage of any set off or other matter of aocount between M'Pherson and him. His Worship reserved hia decision on this latter point to the next Court day.
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Tuapeka Times, Volume VII, Issue 402, 24 October 1874, Page 2
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330RESIDENT MAGISTRATES COURT ROXBURGH. Tuapeka Times, Volume VII, Issue 402, 24 October 1874, Page 2
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