AM IMPORTANT LAW CASE.

Auckland Star, Volume XXV, Issue 237, 4 October 1894, Page 12

AM IMPORTANT LAW CASE.

(BY TELKGRAPH.—PRESS ASSOCIATION.)

Ddnedin, this day. An importatib case came before Mr Justice Williams in Chambers yesterday in tho form of a summons to decide thsb Rose Ann Johnstone has proved her titlo to section 5, blocks, town of Invercarsill. Mr Wdodhouse opposed for the Public Trustee. Mr Solomon, who appeared to move, said that in tho present case the applieanb and her predecessors had been in continuous possession since 1882, and had expended £750 on tho 6ocbion. He contended the tiblo had been acquired by prescription which the Public Trustee could not defeat;, the title having accrued prior to the passing of the Acb. In giving judgment, Mr Justice Williams said the Acb made very importanb alterations in the law. Ib completely reversed the old law that if a person was in possession of land, and he was sought bo be ejected, the plaintiff must succeed in his ejectment nob on tho weakness of the defendant's tible, bub upon the strengbh of his own' The law now authorised the Trustee to call upon persons in occupation to eatablißb a tible to the satisfaction of the Supreme Courb, and ff thab could nob be estaßiahed bho occupier may be ejected. In this case ib rested with the claimant to prove bhab at the time the Act came into force they had bqen in possession so long that they conid nob havb been ejecbed by any person who had a real title. In thab they certainly had failed. Should ib be the case that ab the time possession was originally taken the real owner was in the colony and was nob URder disability, a complete title would have been acquired, bub he was not required to decide that poinb. If persons took property belonging to others and chose to spend money on it they took the risk, and* had no equitable claim to compensation, and certainly no moral one. The summons was "dismissed with five guineas costs.