A BARRYTOWN SECTION

Greymouth Evening Star, 12 August 1920, Page 5

A BARRYTOWN SECTION

CLAIAI FOR LAND

TITLE DEEDS INVOLVED,

QUESTION OF JURISDICTION.

Am interesting case was brought before Mr T. E. Maunsell, yesterday, when Lillian May Johnston (nee Parker) sued Raymond Poschich for the return of the title deeds of a section at Barrytown. Mr Hannan appeared for the petitioner, and Mr Joyce for the defendant.

Mr Hannan explained that the defendant advised the complainant to take Up the land. She applied for it and the title deeds were duly sent to her. At the time she was living in Greymouth. She had tne title for some years and then she got notice from the Lands Department to comply with the terms of the,lease by living on the land. Afterwards she was married and left the title deeds in the house of the defendant, and when she asked for them the defendant would not hand them

over. Air Joycel informed Mr Hannan that the title was involved. r iho Magistrate: Am I to understand that my jurisdiction is admitted? Mr Joyce : No, upon the grounds that the defendant claims a title to the land. The Magistrate said that there was an English decision, which laid clown that the title is a real deed, and the Judge described the deed as the sinews of the land. Mr Joyce: I cannot admit jurisdiction. The Magistrate: Upon the ground that the deed relates to real estate? Mr Joyce: It should he a matter of adjustment between the parties. The Magistrate said that the preliminary question whether he could give an order for the return of the deed should be decided at once. Mr Hannan : I contend that a title is a chattel. Mr Joyce suggested that the Magistrate had no jurisdiction because the action was a claim relating to land—that the title deeds were with the land and were part of the real estate. He had never heard of a claim such as that coming before a Magistrate’s Court. Air Hannan ; That may bo so in regard to a freehold title, but this is a leasehold. The Magistrate said that his opinion was that jurisdiction was not in his power. Would it not save a lot of trouble to go to pie Supreme Court? f Air Joyce said that if the parties could meet together and be reasonable they could adjust matters. The Court adjourned and at 7 p.m. the Alagistrate announced that he did not have jurisdiction.