ABOUT A GRAVE PLOT

Evening Post, Volume LXXXIII, Issue 135, 7 June 1912, Page 7

ABOUT A GRAVE PLOT

"REALLY UNFORTUNATE DISPUTE." "I give judgment for plaintiff, but the terms of the decree must be settled in Chambers so as to give the parties a further opportunity of arriving at come arrangement. This is a really unfortunate dispute, and it may cause pernranent hostility between two families if it cannot be settled in some amicable tray." Such was the comment of Mr. Justice Cooper in giring judgment to-day in the action brought by George Bolton, settler, df Wellington, against Martin Joseph Leo, railway guard, _of WelMng_ton, and Amy Louisa. Lee, his wife, claiming an injunction to restrain the latter from further trespass, and £10 damages for alleged trespass. At the hearing, Mr. A. Gray appeared for the plaintiff, and Mr. T. C. A. Hifilop for the defendants. Plaintiff set out in his statement of claim thai; he vras the owner of a plot of laud (14^ft by Bft) in the Bolton-street Cemetery, and that, on_ 19th September, 1910, the defendants (without permission) had erected a tombstone or monument to the memory of Cocilia Tioahurst, who had previously beon interred in the land, and the surface of the land had been damaged and certain plants destroyed. Plaintiff iskod for an injunction restraining tha (iofondant3 from continuing the trespass 30 committed, and £10 dauiages for Ef.c-h trespass, and such other relief as the Court might consider necessary. Tlie defesco war a denial ot trespass. Defendant alleged that the lauds mtm•aonea in the statement of claim worts formally vested in the trustees of tho Church o! Rngl&nd, but, on or about 28th July, 1881, the lands had become vested in the Woilingtoa City CJorporatioii. It was further stated iiiat the deod of Iwsense huA not hefii uxecuted in accordance with rhe formalities rfiquired by tho law, and that the plain tiff had never gained a reiw*al 'A tbe liccose. On 3rd February, 1210, defendant had ohthid^S permission from tho City Council to inter tho body of Mrs. Ticenurit, and it was alleged that t&e tombstone had Ueon erected with the knowledge and consent of plaintiff. The matter eamo before Mr. Justice E<hvardft in September last, but an agreement was arrived at. Plaintiff said that defendant had failed to koep his agreeirirtut, and the action came on again. fits Honour said that defendant had not, prornd that the performance of any piirt* of the acreoment aad become impossible. - Judgment would be for plaintiff, with costs mi lite lowest scale.

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