Manawatu Times, Volume XXVII, Issue 7845, 19 October 1903, Page 3
O'Connor v. Peance. The judgment of his Honor Judge Kettle in the case of O'Connor v. Pearee, argued at the last sittings of the District. Court in. Palmerston, was delivered by the clerk of the Court on Saturday morning. In this case the only questions in dispute were on points of law, the facts being admitted. The defendant claimed that an assignment of a block of 400 acres, Lower Aorangi,in favour of plaintiff was not an absolute assignment under the Property Law Consolidation Act, but was"by way of charge only; further, that it was only an assignment of an unspecified portion of the rent, therefore, not within the statute. Applying the principles laid down by plaintiff's counsel, and having regard to the terms of the deed of assignment, his Honor was of opinion that the assignment was an absolute assignment and was not by way of charge only. "With regard to the second defence he was of opinion that it could not be sustained. It has been laid down that tenants in commonhav c unity of possession, but not of title, that, unlike joint tenants, they have not one, but several freeholds, that they may join together in leasing and that a lease so made, although invalid at a joint demise, of the whole, operates as a separate demise by each tenant in common of .his undivided share. It would therefore appear that each tenant in common is entitled to assign his share of the rent due or to accrue due under a lease by himself and the other tenants in common. It was admitted that each of the three natives who executed the assignment of the 17th October, 1899, is entitled to £12 of the year's rent now due and owing by the defendant, and his Honor was of opinion that the plaintiff as assignee of the three shares referred to was entitled to recover the.amount thereof from the defendant. Judgment was therefoie entered for the plaintiff for £36 with costs as per scala and Court fees. Mr Hurley received judgment for plaintiff and Mr lanes for defendant.