SISTER V. BROTHER.

Auckland Star, Volume XLVII, Issue 172, 20 July 1916, Page 6

SISTER V. BROTHER.

SHAKES "IN A PROPERTY. A rather lengthy written judgment was delivered at' the Supreme Court this morning by Mr. Justice Cooper in a Hamilton action, Mary Ann Park (since deceased) v. Henry Dunn. The plaintiff sought a declaration that she was entitled to a half share of a one-acre allotment situated in Hamilton West, to which the defendant (her brother) had obtained a certificate of title under the Land Transfer Act. The evidence showed that the land was granted to the father of the parties, who died in 1868, and that the defendant had nought a title under the Land Transfer Act on the grounds that he was his father's heir at law, and had been in continuous possession for over 20 years. After the application was made the defendant pre-

pared an agreement transferring a half share in the property to the plaintiff, on condition that she bore half the land tax and half the eoste incurred. This was signed by both parties. When the certificate of title had been granted however, the defendant repudiated the agreement. The defence alleged that the agreement was worthless on the grounds that grossly inadequate consideration was offered, that it was not a "declaration of trust, ,, but merely an agreement to transfer to the plaintiff whatever interest zite could prove ehe was entitled to, that the defendant at the time was the subject of undue influence on the past of the plaintiff and her son, and toat he was eaffering from drink when the document was signed, 8 o that he was incapable of understanding its minvjrt , Sr/r la i er ■"*■**■. "J rss held to have been completely disprovei Judgment was given for the plaintiff for the specific performance of the agreeTTa' exeetrtOT ß were declared to hold a half share in the property. Costs were aHowed against the defendant. j£ f • Camphcll appeared for the plaintiff D. Mnlgan for the defendant *