AFTER TWENTY YEARS.

Auckland Star, Volume LI, Issue 73, 27 March 1920, Page 7

AFTER TWENTY YEARS.

m *. CLAIM FOR A TITLE. ROTORUA LAND CASE. (By Telegraph.—Own Correspondent.) HAMILTON, Friday. Mr. Justice Cooper heard a claim at Hamilton yesterday, in which Joseph Frank Peatson, settler, of Henderson, claimed a transfer of certain land in Fenton Street, Rotorua. The defendants were "William '11. Teape, chemist, Rotorua, Arthur James lies, photographer, Rotorua. Thomas Samson, builder, Auckland, his wife Margaret Samson, and Frederick Samson, painter, of Sydney. Mr. H. H. Ostler (Auckland), instructed by Mr. Carter (Rotorua) lepresented plaintiff, Mr. J. R. Johnstone (Auckland) appearing for Samson, and Mr. Hampson (Rotorua) for Teape. The claim was made on the .grounds that 20 years ago plaint-tf exchanged a section he had purehaised in Rotorua for the one in question, which was at the time owned by Frank Samson. The exchange was a level one. and Peatson carried out his part of the bargain, and Samson handed over the lease to Peatson, but the latter never secured a transfer. Peatson paid the rent for some years, as the rent notices reached him, but owing to failing fortunes he left Rotorua, and subsequently lived an various parts of New Zealand. After some years the rent notices ceased to arrive, and having been refused permission by tho Commissioner of Crown Lands to sell the land because he had erected no buildings on it, he considered ■the Crown had forfeited it. Thomas Samson, a. brother of the man with whom he exchanged the land, had, however, in the meantime erected buildings on the section, and had apparently assumed possession. In 1919 Peatson learned that the Crown had not confiscated the property, and he therefore made application to Frederick Samßon for a transfer, which was refused. Teape and lies were joined to the action by reason of their occupancy of the property. Peatson, (however, declared that if successful, he would not disturb their tenancy. Defendant in his answer stated that when the lease of the land was granted to the defendant, all ground rents and other outgoings were paid by Margaret Samson, one of the other defendants, or her predecessors in title, who had continuously since the date enjoyed uninterrupted possession and beneficial uses of the section and ail rente and profits thereof; that plaintiff stood by and made no claim whatsoever to the said section until the present claim; that if plaintiff ever had any claim he was stopped by his conduct from asserting or preferring the same; that plaintiff's claim was barred by his acquiescence in the expenditure of moneys and continuous right of ownership by defendant. The case was adjourned.