DISPUTE OVER LAND

Evening Post, Volume CXXII, Issue 71, 21 September 1936, Page 11

DISPUTE OVER LAND

♦ —. APPEAL COURT HEARING

Claiming that a judgment given by the Acting Chief. Justice (Sir John Reed) in the Supreme Court at Wellington in March, last was erroneous in law and in fact, the Wellington City Council appealed against it in the Court of Appeal today. The respondents were John William Alexander Mcßae, Helena Frances Mcßae, the State Advances Corporation, and the District Land Registrar. On the Bench were Mr. Justice Ostler, Mr. Justice Blair, Mr. Justice Kennedy, and Mr. Justice Callan. Mr. J. O'Shea and.Mr. J..R. Marshall appeared for the City Corporation, Mr. O. C. Mazengarb for the Mcßaes, and Mr.- : A. E. Currie for the District Land Registrar. In February last the appellant Corporation was the plaintiff and the respondents the defendants in an action heard by/the Acting Chief Justice. The City Corporation claimed that the certificates of title affecting land in the name of the Mcßaes adjoining the Hutt Road near the Horokiwi Road were wrongfully issued in that they included a part of the road vested in the" Corporation. A declaration of the Court was sought to that effect and an order to the' District Land Registrar to amend the certificate accordingly. After hearing evidence, largely of a technical nature, his Honour found for the defendants and today's appeal was against that decision. ■ Legal argument is proceeding.