SITTINGS AT NISI PRIUS.

Press, Volume LVI, Issue 10388, 28 June 1899, Page 2

SITTINGS AT NISI PRIUS.

HOBIABTY V. FBISBY. : This was a case in which the venue was changed from Timaru, and in which the plaintiffs—Annie Louisa Moriarty, Ruth Frisby, and Alice Frisby, all of Ashburton, and infants under 21 years of age, by their guardian, Stephen S. Chapman, claimed the sum of £235 tind interest on the same, as well as accounts, and an injunction against Sarah Frisby, of Ashburton, their stepmother. Mr Bruges (for Mr Wilding) appeared for tho pUintiffs, and Mr PurncH for the defendant. The statement of claim sot out that Robert Frisby, deceased, father of the plaintiffs, and husband of the defendant, in the action, had been reminded to provide for his children, and had bought certain land for them. He entered into possession of and occupied the said land, and let it to tenants, receiving the rent to the date of his death, amounting to £125. He did not account to the plaintiffs for the same, but put it in the bank. The defendant was the executrix of the will of her husband, and had leceived the rents and profits from the dale of his death. In September, 1898, the plaintiffs, with the consent of their guardian, had let the land, receiving a quarter's rent. The defendant claimed to be entitled to the land as executrix, and had repeatedly threatened to molest the plaintiff's tenant, > and seize his stock, unless ho paid rent to her. The plaintiffs claimed that it might bo decreed that the defendant and Robert Frisby,. deceased, had received and retained the rents and profits as trustees for the plaintiffs, and that the defendant be ordered to account for the samo and interest accordingly., The statement of defence denied that the plaintiffs were the owners of the land referred to- '. \ .- Evidence was taken, and his Honour, in giving judgment, said it seemed to him that the lands must be accounted for after the death of the testator. He thought, however, it was only reasonable that the defendant's claim f\>r expenditure should be ses off. The litigation had been entirely caused by a certain document, an agreement signed by the infants, and the defendant should not ba at the cost of interpreting it.

Mr Bruges said he was willing to accept judgment for the amount of rent the defendant stated she had received, viz.. £49 13s 2d. After discussion, he agreed to accept £16 lis 3d in final judgment, each party to pay its own costs. The Court then adjourned.