SWAMP LAND DEAL.

Auckland Star, Volume XLVII, Issue 167, 14 July 1916, Page 2

SWAMP LAND DEAL.

A QUESTION OF FLOODS. BUYER OF MERCER PROPERTY ■■••■'■' ASKS FOR DAMAGES. Tho hearing was continued yesterday at the Supreme Court, before His Honor' .■Mr. Justice Hosking, of the case George William Metcalfe, miner, of Huntly, against Cecil Norman Bamfil Mardon. settler, of Auckland. The plaintiff "asked for the setting aside of an- agreement for sale and purchase, refund of a deposit of £100, with interest, and £150 damages. Thomas- Edward Hallett, secretary of the Waikaio Rfver Board, giving further evidence, said, that he thought the section owned by the plaintiff was the lowest of : the block. If the land were not 6iibject to floods, be would estimate it to be worth £40-or £50 per acre. Re-oxamiricd by Mr. Ostler, witness said that the river would have to rise 4ft. Gin. on the gauge to make it come on the banks of tine land facing the swamp. In June and November it rose Bft. Gin. and.7ft. llin. Evidence as to the rise of the river from, time to. time was also given by John Rajg, master of a steamboat trading on.the. Waikato. Two other witnesses, Oscar Nelson, farmer, Matamata, and Thomas Hutchison, plaintiff's son-in-law, also gave evidence as to the extent to which the land was subject to floods. James Foubister, fanner, a former part-owner of the land in question, was the first witness for the defence. He said he had had ho experience of the land l>eingjflooded,but all swamps were necessarily covered after heavy rain. The only water he caw was that comins down from the hills, there being insufficient drainage to carry the water away. When he sold the land to the defendant he told him it was not subject to floods. As a farmer be would say £bat the land w;js not subject to floods. The hearing of the case was adjourned at this stage.