A COUNTRY LAWSUIT.

Auckland Star, Volume L, Issue 220, 16 September 1919, Page 8

A COUNTRY LAWSUIT.

THREE ACTIONS DECIDED. POSSESSION OF A FARM. Mr. Justice Chapman delivered his reserved judgment yesterday in three corelated civil actions concerning the sale of a farm at Te Teko. The plaintiff in two oi the actions was .lames Francis Sutherland, farmer, of Te Teko. and tlie defendant Mrs. Lucy Etta Reeve, wife of -John Fifield Reeve, farmer, of Tanwhare. Cambridge. In ono of the actions Mr. Re-eve ivas joined with his wife as defendant. In tin/ third action ! Mrs. Reeve was the plaintiff, anel S-uthcr-land was the defendant, Sutherland e-laimed the specific performance of i a contract for the sale of Mrs. Reeve's interest in the property la leasehold) i for the sum of £300. The lease carried a right of purchase at a price now ruue-h I less than the value. He also sought pos- j session of the property, of which he ; claimed to have been dispossessed after ; lie had entered into occupation of it. In j her cross-action, which was heard before a jury. Mrs. Reeve.- claimed damages for , iiilege.-l trespass and damage to the farm. on the assumption that Sutherland unlawfully entered r.pon the property. She also alleged that after she had lawfully re-possessed herself of the property, Sutherland again trespassed by breaking j tiie lock of the gates, and other acts, i Further, she claimed tlamages for an hllesred violent assault upon herself by Sutherland. The jury found that no i damage had been done to the farm. I .ir.d that no assault had been committed. I nut foun-.l for £1 damage against Slither- i land for breaking the lock of a gate. j After going fully info the evidence con- I ceming tbe negotiations for the sale. and especially those between the parties' solicitors, his Honor held that nothing I had been shown in tbe conduct of >uth- : erland to deprive him of the ritrht to have his contract enforced, and that he did not trespass. For damaging the ! gate lock he was held to have i damaged his own property, and the I jury's award of £1 damages against him was disallowed. A counter-claim by I Sutherland for damages was reserved for further consideration, his Honor merely giving judgment in his favour for specific | performance, and dismissing Mrs Reeve's i action. The question of costs was reserved. j Mr. H. P. Richmond (instructed by Messrs. Fleming. Stickling and Chalmers, j Whakatane! nnpeareel for Sutherland. ' end Mr. R. Mc-Vcaeb (instructed by Mr. P. A. Harron. of Whakatane) for Mrs. ' Reeve. :