IMPORTANT NATIVE LAND CASE.

Wanganui Chronicle, Volume XXX, Issue 11637, 8 November 1887, Page 2

IMPORTANT NATIVE LAND CASE.

CHARGE AGAINST A.LEX. MODONALD, OF AWAHUIiI. PER UNITED PKESS ASSOCIATION. Wellington, November 7 The case of Te Ara Eeni and others v« Alex, and Annie McDonald commenced to-day- The plaintiff sought to obtain from the defendant, Alex. MoDonald, a statement of accounts in reference to a large block of land near Feildiog, in his dealings with which tLe defendant al* leged that he was acting on their behalf. They asked that two deeds of mortgage and a deed of conveyance held by the defendant MoDonaM should be declared nuil and void ; that account should be taken of all rents, &c, received by MoDonald in respect of the land in dispute ; that an inquiry might be hold to ascertain what portions of land was sold by MoDonald, and an account taken of the money received for the same; that an account might be taken of the money due to MoDonald for principle and interest under the deed of mortgage men* tioned; that the said defendaot be ordered to pay to the plaintiff moneys reoeived in respect; of renia and profits of salus ; thai, defendant be ordered to reconvey to plaintiff portions of la»d uusold; that, notwithstanding the deed of conveyance mentioned, the defendant be declared trustee for plain" tift for the land remaining uusold ; that an injunction fee granted to prevent Me* Donald taking possession of tha landj pending the hearing ( f the case. It was urged that MoDoi.-ald, while acting aa ageut for plaintiff, had, unknown tc them, Becured the laud for himself by relieving tha uiortgngi j s. The statement for the defence denied that the agency existed as stated, and the statute of limitation, w^s relied upon iv res^eot oi the moneys claimed, it being urged that plaintiff had forfeited the right to reoover. Defendant held the lease, which had not the assent of Mr Common, tc whom the block had been mortgaged. As the natives would not provide foi this mortgage, the defendant, aftei using; every moans to endeavour to persuade them to do so, prooeeded tc Napier and made arrangements for the transfer of the mortgage to himself Defendant also relied upon the acquie seace of plaintiff in all his aots in connection with the land uniil the date oi writ of the present action. The case i; one of the most important actions deal ing with native lands ever heard in tht oolony. Defendant has been conneotec with native affairs in the Wellingtot Provincial District for more than thirty years, and bo far gained the confidence of the iNgatikawhata hapu as to have boon appointed one of their chiefs,assuming the title of Kawhita Nahne, or ancestral head of the tribe, and in 1874 he was imprisoned for having shot the leader of Andrew Young's mail ooaot on its passage through the Awahur: Block, regarding which the present action rises. The case is likely tc ocoupy some little time.