SUPREME COURT.—Civil Sittings.

Auckland Star, Volume I, Issue 219, 21 September 1870, Page 2

SUPREME COURT.—Civil Sittings.

WEDNESDAY, SEPT. 21

[Before His Honor Sir Q-eorge Arney, Knt., and a Common Jury.]

The Civil business of the Court was commenced to-day.

ALLAN o'NEILL V. JOHN KELLY.

Mr. MacCormick and Mr. Hesketh were counsel for the plaintiff. Mr. Whitaker and Mr. Rees appeared for the defendant. This was an action to establish a question of ri lit to certain land in the Waitakeri district. Fijtn the statement of the plaintiff's counsel, it appeared that the plaintiff in the year 1856 surveyed, selected, purchased, and subsequently received a Crown grant for a piece of land in the Waitakerei. The declaration set out that in July, 1856, the plaintiff received the Crown grant, by which he became lawfully seized of 220 acres of land in the Waitakeri Valley. The defendant, it appeared, consulted the plaintiff as to the most favorable district for selection, and plaintilF directed him to Waitakeri, but unfortunately the defendant selected a portion of that already included in the plaintiff's Crown grant. The mistake appeared to have originated with a discrepancy between the plans of surveyors. The defendant denied all material allegations. The issues left to the jury were- (1) whether the plaintiff was lawfully seized of the land ; (2) whether the defendant was in possession, and entitled to the land, or any part thereof. The evidence was wholly of a professional character, to determine the boundaries of the respective lands of the plaintiff and defendant. [Lett sitting.]