THE CREDITORS' TRUSTEE OF AREKATERA V. WALKER AND OTHERS.

Waikato Times, Volume XXIII, Issue 1915, 14 October 1884, Page 2

THE CREDITORS' TRUSTEE OF AREKATERA Y. WALKER AND OTHERS.

To those interested in the valid acquisition of native land* tins was an especially inteiesting case. INI i Hay, with Mi Ahixandoi, fin ))l,unlilf, and Mi Heslcoth foi defendants Tho plaintiff (.Mr Uivynneth) biought tho acticn to set aside the defendants'deed, as having been signed befoic the isMie of the oidev vesting the land in the native rnvncis "i favour of a deed tian^feii ing the land to himself, and the defendants pleaded a ie execution b\ the native owners after tho issue of the, oidei by going o\ ei then Mgnatuies with a diy pen, and as » fmthet defence that the plaintiff, Iv'fmo liis deed was 1 executed, had notioo ot the defendants' dealings, and also that the native owners weie trustees for eeitain Kapiti native's, Hovoml interesting (joints weio decided d'u ing tho piogiess of the case, and amongst otheis, for the; plaintiff, that a, dead could bo pi yon m o\ idenco, notwitlistanding the absence of tho Trust Coinmissionei s certificate, but that it could not be u-gis,-teiod without it — for tho defendant tli.it a deed cjoes n.o£ opoiMj-c to JWH^ any interest in native Iftncl unless .signed by all the ownei.s. After hearing the evidence the learned judgo decided tliat tho defendants' deed was bad, tho going over a signatmo with a dry pen bomg no execution of a deed unclor the Native Lands Acts. As to tho other point, ho reserved his decihion, notice fcq bq fflvon to the Qovinsel on the day on which It will be given.