SUPREME COURT

Dominion, Volume 9, Issue 2580, 30 September 1915, Page 9

SUPREME COURT

SALE OF HAPPY VALLEY ESTATE A Pall Bench of tho Supreme Court sat in Wellington yesterday to hear an appeal from a decision of the _ Magistrate's Court in Christchurch. His Honour tlie Chief Justice (Sir Robert Stout) presided, "and associated with him were Tlieir Honours Mr. Justice Cooper and Mr. Justico Chapman. The ©aso' More the Court' was that in which the appellants were Bowron Bros., and Coy., Ltd., of Christchurch, .while the respondent was Thomas Morland, sheep-farmer, of Riikaia. Mr. S. 6. Raymond, IC.C.. of Christchurch, with--him Mr. S. A. Atkinson, appeared for the appellants, Mr. 31. J. Gresson, of Christchurch, and Mr. T. Young representing Morland. ; From the facts set out in the stated case it appeared, that on Juno 23, 1911, Thomas Morland as. second mortgagee sold to Bowron Bros v and Coy., Ltd., some 6530 acres of land near Wellington, known as the Happy Yalky Estate. The price was .£35,000 and possession was by agreement to date 'from May 35, 1914. Later Bowron Bros, discovered'that .£BB 17s. was owing on the land as graduated, income tax levied to March 81, 1914. In order to protect the property, Bowron Bros, paid the amount, and then Bucd Morland to recover it. The Magistrate (Mr. H. W. Bishop, S.M.), gave judgment for Morland, holding that Bowron Bros, wero not entitled to recover from him as the graduated tas was owing by K. Wallace, the owner of the land on March 31, 1914. From' this decision Bowron Bros, appealed on the ground that it was erroneous in law. . Argument had not concluded at 4.30 p.m. yesterday, and the further hearing of the appeal was adjourned -until this morning.