R.M. COURT.

Wairarapa Daily Times, Volume VII, Issue 2137, 4 November 1885, Page 2

R.M. COURT.

—e . ~ If^SPPON,-TUESDAY, (Before. H. A, Stratford, R..M,) Trespass. (Contimi) Emma Jeans, the complainant, dross, examined by Mr Bunny, said a portion of' her land near the river was unfenced, It was impossible for defendant to reach the river at that spot without going over a portion of her land. Tho spot where the gravel was being taken was outside the straight line between the two pegs pointed out by Mr Kelleher. At the time they were pointed out she had no Crown grant. The gravel that was being carted away was river gravel. . Defendant had to go over about a chain of, her property to

reach the gravel, and the wheels cut up the grass. - To Mr Beard: (My 21 acres out of the 20 she owned were fenced, and the gravel was taken from outsido the-fence.

G, W, Woodroofe gave corroborative evidence.

For the defence Mr Bunny called A. J. 'Rawson, who deposed that he had surveyed Miss Jeans' land at the request of the Borough Council, and found'that the spot where the gravel was taken was a chain and a half outside Miss jeans' boundary, nor did defendant cross her land to reach it.

His Worship said that the question of title had been raised, and that he had no jurisdiction. The case was therefore dismissed. Mr Bunny applied for costs. His Worship said that he could not allow costs, seeing that he did n»t know who was the owner of the land.