WARDEN'S COURT, REEFTON.

Westport Times, Volume V, Issue 868, 30 September 1871, Page 2

WARDEN'S COURT, REEFTON.

September 20th, (Before J. Giles, Esq., Warden.) Shanks v William Campbell.—'Settled out of Court. Cato v Schulhoff. —This was an action arising out of the disputed title to a portion of a section. It appeared that the ground had belonged originally to a person named Rocks trow, who had sold a portion of the section with a building erected thereon to Schulhoff, and subsequently sold twenty feet to Cato the plaintiff. The action was brought to recover possession of eighteen inches of ground being the extent to which Schulhoff 'a premises encroached upon the twenty feet sold to the plaintiff. Mr Pisher defended. The Warden stated that the plaintiff's action did not lie against the defendant, (Schulhoff); his remedy would be against the party from whom he purchased. The plaintiff must be non-suited with costs.

Johnston v Westfield and party.— This was an action brought for the recovery of a share in No. 2 north. Smith's liue of reef. Mr Fisher appeared for the plaintiff, who stated that he formed one of the party known as Westfield and party, and was present when the claim was marked out. He met with an accident which confined him to his hut, but instructed the defendant, (Westfield), to attach his name to the certificate of registration. Westfield neglected to do so, and substituted for if the name of a man named Power. The latter for some reason disposed of his share to a miner named Metcalfe, who in turn sold to one Cain, and the latter again disposed of half his interest to Morris Levy of Grevmouth for the sum of £220. The defendant, Westfield, stated that his reason for not including the plaintiff's name in the registration was, that he thought that the plaintiff had no miner's right. Johnston admitted in cross-examina-tion, that he had repudiated any interest in the share, but claimed a partnership with Ross also one of the party. Ross denied that any partnership existed between himself and Johnston iu the claim. After a lengthened hearing, the Warden non. suited the plaintiff with costs. Mr Pisher gave notice of appeal.

A large number of applications were disposed of.