SUPREME COURT.-Tuesday. IN CIVIL JURISDICTION. [Before his Honor Sir G. A. Arney, C.J., and Special Jury.]

Daily Southern Cross, Volume XXVII, Issue 4402, 4 October 1871, Page 6

SUPREME COURT.-Tuesday. IN CIVIL JURISDICTION. [Before his Honor Sir G. A. Arney, C.J., and Special Jury .]

•THC3 OP THK W-VIUOA. ROAD B0AAV):— ThlB blffcfefc ,<< Miv RusselMfor, Mr. HwketMforjthpuiilntlff^aiiW- ¥*9* v Utkagf b4fcao« m p«d«Ued^ Mr.^COTroK* infomed the Ooutt that it £■*•"»«*&>*» knowledEO since yesterday afternoon that at Si^^flSfctitf Had; yiegad b^ttfewes, petty, the property had beaiii »ttd<.waa SJ*'«to&fid to Mjsbw. 'Hond^oa and M*ofarianft by way ,pf. mortgage? it the So the dWation was .made the mortgageea coul<? have entered upon the land »ad taken possession by foreclosiug. • It would therefpre be utdeaa to go on wthth* defehce/M the plain ti^, clearly waa not em-* powered to dedicate any portion ot land, tne £holeof which he had mortgaged, and had only to**W r'ed e %mea.--Hi8 Honor.m directinir the jury, said the dedication of the tfoad by the plaintiff, if there had been any such de-, dication.was not made in bad faith. He had not thought it necessafy to cousult Messrs. Henderson and Macfarlane, and it Wtt«"probable had he done bo these gentlemen would not have raised objection. By his Honor's direction, the jury found for the plaintiff, damafles £6. -The C ( ourt was then,, adjourned until 10 o'clock to-morrow.