CLAIM BY TRUSTEES.

Evening Post, Volume LXXIX, Issue 137, 13 June 1910, Page 7

CLAIM BY TRUSTEES.

THE COURT'S DECISION. Judgment was given in the Supreme Court to-day by his Honour the Chief Justice in the case heard last week between Reginald Palmer Greville and Mary Jolly Edwards (plaintiffs) and Crespin Parker, a claim for the use and occupation of a farm known as Hayiward's Estate, consisting of 203 acres. His Hbnour considered the evidence ,was very unsatisfactory. "The only .witnesses called for the plaintiffs were a dairy farmer who had been sixteen months in the district, and the plaintiff, who was a trustee of the estate. The former, so far as I could gather," said his Honour, "had no experience in valuing farms. It is true he said h" was prepared to give a rent above what the defendant had been paying, but 1 do not think that his one offer could properly bo held to fix the value. The other witness based his estimate on what he thought the farms could yield. Suppose the farm could maintain the number of cows he thinks, his estimate of what the rent should be would leave little or no profit to the lessee. The defendant, on the other hand, has called no evidence, but rests his defence on the rent fixed nine years before in the lease, and the fact that he was to renew and at the same rent. His failure to get a renewal was because of a breach m his covenants. Part of the land had been taken by the Government, and, according to another witness, it was the most valuablo part. Looking at the reason why the defendant had not given up possession, I think a fair amount for moan profits for tho 25 znonths' possession would be £145, for which l give judgment." Costs iveve allowed. Mr. D M. Findlay appeared for plaintiffß, and Mr. H. Johnston was for defendant. __________„_