SUPREME COURT.

Wairarapa Daily Times, Volume IX, Issue 2802, 20 January 1888, Page 2

SUPREME COURT.

Civil. Sittings. (Before his Honor Judge Richmond without a. Jury). • ■ • WARDELL V HOSKING. Mr Bell for plaintiff; Mr Edwards with him Mr A. E; Bunny, for the defendant. ■ ; , This case was an action brought by Mr Herbert Samuel ,Wardell, Resident Magistrate, at Wellington, against Dr Hosting, of Masterton, to obtijki equal partition of certain native l»j part.' of the block known as theTauinatakahuka Block, in the Wairarapa district first leased, to them in course:of purchase : jointly by the plaintiff. and defendant from the native vendors, whereas 'the defendant claimed a. boundary line giving, him considerably.. more than one half of the said land. The case was previously, submitted to arbitration, and on the award so obtained the defendant also claimed:, to be the owner free of trust of allthe shares which had been,, purchased in his own name, though-the plaintiff;' alleged that all the shares, whether purchased by himself or defendant, were purchased in their joint ; name,_ benefit, and interest. The plaintiff therefore prayed " that it might be deolared that the purchase of the shares were'for the joint benefit,, and in the joint interest of . both parties; that a,portion of the block of land should be made in equal- shares, and that an account betaken of all ■ monies properly expended in the acquisition of the said block aijfljin the acquisition of the said leasPef the whole block, and that eitherparty may be decided to pay to the other the balance appearing upon such an 'v--i count to be due.. As an the plaintiff olaims to be adjudged W sole lessee of the land in question for the residue of the term of the lease already agreed upon with the. native owners.

For the defence the defendant admits the negotiations with.plaintiff for joint lease of the land, and the fact of the arbitration, but generally denies all the other allegations made in the statement of claim, The witnesses so far examined for the prosecution are Dr Hosking, the defendant,- whose evidence has been partly taken, and Mr W. 6. Beard, solicitor, Masterton. The case is still proceeding ■ as we go to press,-Evening Press. . . . (SPECUL TEIiEQHASI,) Y ' . Wellington, Ja&jfcy 20. ' Case \Vardell vHoeking Hob. king to have Frasi's lino as originally contended for.