THE MOKAU ESTATE.

Evening Post, Volume LXVII, Issue 150, 25 June 1904, Page 6

THE MOKAU ESTATE.

A KKW PirAKK UF AX OLD SUIT.' Tn iho Supreme Court to-day, before Mr. Justice JCdwaals mul Mr. JusticeCooper, n new pha.su of the 'long-Maudiug disputo couccrniiig ))ivsok»ioh ot the Mukau Kstato, litigation rcgaitling which is otill b-^fiu'u the l'jng_sh ComU, came under review. The caM* jus. stated .sctf> out that Jwdnta Jones, known colloquially an "Mokuu Oone:«," Ivcamo entitled under s,peeial .stiitutei pa?.se.l in tlii.^ colony ti> certain luuda kii,p«n as Uu* Mokau I'slatc. A nn>vtKJK*> w,u» by him of the properly to John Plimmer, of Wellington, and Plimmer sold thu land, and Wickham Flower, v London .solicitor, bought il ttt auction uiutar an airaugrnicnt, it is «.iid, that he should hold it as tru.sU'o for J(inv.<*. 110 claimed, hoxunvr, to have bmiglit it on his own belialf. Ileucc the Kubicqiient litjijatum. Thy prevent application was one by Mr. Tivnihu-ll (of btatford. Treadwvll aud Picld) on behalf of Joshua Jone« for an order extending a caveut lodged to protect Jonos'.s intoiVfits in tho Mokau-Moha-kitino Block. M.r. Trcadwell a]ipu;utHl in Hiippoit of and Mr Campbell to oppose lho application. M^r. 'IVcadwcll slated that instructions bad been received in Zealand to commence in Kov/ Zealand an action for redemption. Ho was willing to nndcrtako to commeuctf" that action within any time the Court might, think proper. JiHow<er was seeking to obtain possf4t>ion at> Jegal omior, so as tf> be able to deal with the property. !W«« it ri^ht to* put him in that, position after lie had repudiated th& contruct with Jones? Flower and Innes ugrcwl to ml<ll tho land in a certain way, Flower to hold iv .rust for Joiu'.s Flower lcpudinted tin." agreement, and j'M.id ho hud bough t> oil h'& »iwn account. Flower .should not be dkiwi'rf to deal with this property iv cor.truvi-iu.ion of his trUst to JoneH. llu wished to prevent, rcgiMtratiotv by Flower, lo onublu him to comntunco lho action against Flower for the. biokcti atnuigemont wiih ./ones. , Mr. Juatico Edwards : You admit that Flower had a right to register? Mr. Trwdwea : He lui-d if it were a bona-fiik? transaction, b:H not' when he repudiated "Iris trusteeship. In the course of further argument, Mr. OuJitice Kdwards observed that if tho linglish High Court was rhjht, Jones had^not much to complum about. Mr. Treadwcll slated thai Flower, as mortgagee, had prevented the payment of his moiicv to himself time and again. Mr. Jiiitiee Edwards said Ihe position was that it was admitted Flower i>a>l a. right to register, but that ho had agreed ito do, subseqmnt to tho registration, something else. Now Flower said ho would nut do tho honvelhing else, and plaintiff thcreforo wanted to prevent Flower registering. That was what it camo to, Mr. Trcadwell : That's about it, your Honour. Mr. Justice Edwards : I don't sco that the registration is a In each of -any con* tract, or interferes with your right io redeem, Mr. Trcadwell submitted that the registration itf-clf did not so iiUetfore, but tint tho immediate result would be"tho putting hi with the document of a shoaf of lenses from Flower in favour of others. Jones could take no stops to prevent that. If registration was io tako place, tho cave.it . should be continued subsequent- to it to '•m event other dealings with the land by Flower. The Court should not give Flower «n opportunity to give others a title to this land. Mr. Justice Edwards : It is a very strong thing you aro asking. Mr. Treauw ell : It will only be a temporary delay. Wo are willing to biing the uction forthwith. Mr. Juatico Edwards a«ked if Jones would bo prepared to give security to indemnify Flower as mortgagee. Continuation of the caveat would interfere with the ordinary remedy of a mortgagee against a mortgagor in default. Mr. Trcadwell submitted thnt he ought' "not to be asked to give security, as this application was in the nature of an interim injunction, lie was, however, piepnrcd to communicate with his client with tho view of getting security. At tho same time he expressed' astonishment at the amount of £14,000 odd stated as being duo. The estate was bought in for £7600 in 1893, and unless it was a "case of 100 per cent, interest having been charged, ho failed to see how the costi. ooulct have since mounted up to the extent thoy had done. Mr. Justice- Edwards snid the High Court was no doubt capable of aßeeil.ii.iing tho amount. It had been askod lo do co, and had a*ccrtainod accordingly. Mr. Ticadwell said it must be apparent that a lnrgc part of the amount v? 9& neither principal nor interest. Mr. Justice Edwards suggested there were fe.es. Some London solicitors weie adepts at piling up costs, and there muut ntcesaarily -have been opportunities in tho present case. Mr. Treadwo'.l submitted that the Court would not allow the caveat to lapse merely because the caveator had not established his claim. If he had mado out n case in any seusu calling for enquiry ho was- entitled at any rate to havo tho caveat extended in the direction of preventing tho regibhntion of dealings other than those of Flowor. Mr. Justice Cooper s^uid that as far as the titlo stood Flower was the absolute owner. Mi. Justice Edwards: As far as I can see wo ought nol to interfere, with hie rights as mortgagee, but possibly we ought to interfere with his 'nuking dealing* until hia clnim is icgistcrcd. Mr. Treadwell eaid that was all ho asked for. Mr. Campbell «übmitled that the aflldavits were unsatisfactory, inasmuch as they referred to certain correspondenceand nt-wppuper clippings from London Truth. Mr. Justice Edwards said they could, of courijo, take no cognisance of the nowspnpjr extracts. But putting aside the afftdnvit nf Mr. Tread well altogether, thcposition seemed to bo thrtt if Flowor win 1 mortgagee- the Court ought not to 'ntcrfert! with nny rights ho had ns inort. gagoc, bttt ho would not have the right, apparently, as mortgagee, to makb a lease, mid possibly the Court should pr«» vent him from making leases until this question nf right wa» .settled. Mr. Campbell submitted that in th© mwintime- three of the documents ought to be registered — the luu*o to Jones from tbr natives, tlio mortgage from Jones to Plimmer, and the haunter from Plimraer to FJower. If that won 1 done he would undertake, if his friend brought an action wit'iin n rerjsoiittble timo, thnt ttay would not register any further denting willy Uib property until the action va.n (U'Cid'Ml. Mf. Justice Cooper wid Mr. Treodwoll would n«t b» prejudiced by such an arr./ ii!g I'ml 'inc i iit, if tho caveat was extended. Both Judges having indicaUd that the/ considered this a. propc* arrai>geinent, an osder wa« drawn up by content to the eCirt thnt tho caveat Vxj extended until further order of tlv Court, but not fio as to p'ejttdico tbe> registration of the thre? docimeiils rnmt-cl, Mr Treadwcll giving coT!-"K>nt to the registration. Costs w^ro n-rt-nrcd until the determination of lho acti)ii. C'ir Dunetljji correspondent tolcgrnphs that the following members of tho Legislature were pr,£?-.engcrs for Chriilcliiirch by the c.<pref.< to-day: — Hon». O M'Ler.ii, 11. FcldMJck, 8011, and I\les<ir.«. .VM!!.ir, x\rnold, M'Nab, Uennct, E. O. A^itn, J. W. Tlioni» r Jf., «t.d P.unta