DISPUTE OVER LAND

Dominion, Volume 21, Issue 240, 11 July 1928, Page 11

DISPUTE OVER LAND

OWNERS UNABLE TO AGREE COURT ORDERS A SALE A dispute between the parties owning an area of ’land near To Horo came before Mr. Justice Ostler in the Supreme Court vrslprdnv, a proposal by the plaintiffs to divide and sell the lands and then distribute the proceeds being opposed by some of those interested. The plaintiffs were Eric Vincent Wallace, settler, of Wellington; Amr Helen Nicholson, married woman, Wellington: Elsie Chorlton, married woman, Wellington; Aeuid Trissa Evelyn Truda, married woman, Wellington: and Lacov Houston Bruce. Wallace, settler, Wellington, the defendants were Marion If A th, Irma Leah Balneavls. and Elvira Patricia Turner, all married women, ot Wellington. .... „ ~ Mr. J. K Hanna, with him Mr. 1,...K Harding, appeared for the plaintiffs, and Mr. H. It. Cooper for the defendants. Tlie statement of claim set out that plaintiffs anti defendants were registered as proprietors of 1440 acres of 1 arming hind near Te Horn. The plaintiffs and defendants were Hie only persons having n benelieiary interest in the property*. Ly reason of Us nature and varying values of ditfercul: parts, thereby rendering a division inlo portions of equal value difficult, •uid liv reason of the numlier of parties inlcresled therein, a sale of the hind ami a division of I lie proceeds would be more beiielieial Ilian a division of Cue land. I’lnintiffs claimed a division of Hie land a nl n distribution of the proceeds. 'l'lie defence was that the land could, without difficulty. I>e subdivided into two I'armst of npproxiuiately equal acreage. 'l’be defendants were willing and anxious to linvo tlie land purlit.ioneil mid to retain olio or other of surh divisions for them- ' Mt\ llaumi slated that, the plaintiffs had n buyer who was willing to pay £l2 10s. per aero for tlie bind. . His Honour: Are your clients willing to sol! their snare to tlie defendants at. <£l2 JOs. per acre? Mr. Hanna: Yes. "What's tlie mailer witli that." asked His Honour of Mr. Cooper. . are duvs when sellers of sheep lands are many anil buyers are few. If tlie land is '■partitioned. Hie plaintiffs will be robbed of tlioir pnn-linser and they might have Io wait three or tour yours on n fulling ni:'.r';ei ami (hen perhaps have to take less I bun the present offer." "I feel in partition actions." said His Hotmnr when giving tils .iudgmenl litter, "that tlie greatest good stioiitd bo done to Hie greatest numbor. 11. seems to me that It is my duly to order n sale unless the minority are pronni-od to buv tlie interest of Hie majority." His Honour made an order for a sale. Hie terms of Hie decree to be settled in chambers ,