COURT OF APPEAL.

Press, Volume XLVII, Issue 7552, 15 May 1890, Page 6

COURT OF APPEAL.

ABBOCIATIOK TfILIGEAK.]| .•'■i < WELLINGTON, May 14. "' -In the Appeal Court to-day the case of Wlleon v jEvobertson was argued. Ihe ; jracUant is ft Native Land Court Judge, who decided that one Edwin Robertson "fras not entitled to succeed to lands willed Jiphim by the late Tβ Taupua Tβ Whanoa, ■ of "fiotprua. Bobertson then applied to the Sapreme' Court for a writ prohibiting judge Wilson from issuing succession ■orders to anyone but himself in respect t© the deceased chiefs iands, and he •&&SO prayed that a writ compelling the :Xand Court to transfer the property in eeestion to him also be issued. Mr • Jostice Conolly decided in his favor, and .it i» against this judgment that Judge .Wilson is now appealing to the Higher Court. The principal grounds on which "~tne «ppeal is based are—(l) That the judgment of the Supreme Court was erroneous : to deciding generally that an aboriginal i||ativecan make a will in favor of a vJSsropean without distinguishing between glands held according to Native custom ,4910, land held under a title recognised by 'lawaebetween her Majesty's other subjects. (2) That the judgment of the Court Was erroneous in deciding that a European .Slight under the will of an aboriginal acquire an interest in land situate within a district under the operation of the Thermal Springs Act. The case was remitted back to the Supreme Court at - Auckland, and will come up again at the Close of the Appeal Court sittings.