SUPREME COURT.

Gisborne Times, Volume V, Issue 101, 8 May 1901, Page 4

SUPREME COURT.

THE ASSETS COMPANY CASES.

(Before His Honor Mr Justice Conolly.) Tiie hearing of the motions'to dismiss the eases brought by natives against the Assets Company was coneluded'jyestorday morning, His Honor reserving lii A decision in each ease. f / > ' SMITH V. McKEE. The appeal case G. Smith v. James McKee was heard yesterday afternoon. Mr DcLautour, instructed by Mr Clirisp, appeared for the appellant, and Mr W. I>. Lysnar for the respondent. The case was an appeal arising out of a case heard in the Magistrate’s Court to decide the ownership of a horse seized in the case of McKee v. W. C. Campbell, the appellant claiming it had been sold to him. The horse at the time of seizure was in Campbell’s possession, and the point involved in the case was whether the animal was then in the apparent possession of the debtor, the respondent contending that the receipt for the animal to avail against the execution creditor should have been registered. His Honor, in deciding the case, said the matter had practically been decided by the Magistrate. The Magistrate had decided the sale to be bonafide, and it was not now open to question it. The circumstance of the appellant having bought four horses and a saddle and bridle for .£6, while it appeared that the horse in question was worth £4, leaving only £2 for the other horses and the saddle, which latter by the way, it afterwards turned out, was not his to " sell, did not affect the case. As to' whether the receipt was a bill of sale requiring registration, the Magistrate seemed to settle the matter when he had held it was not absolutely necessary to register. He (the Judge) held it did not require registration, and that there was ample notice given to the bailiff if he had chosen to accept it before the sale. Ho would reverse the Magistrate’s decision. The appeal would be allowed, no costs to either party. The proceeds of the horse wero ordered to be paid to the appellant.

IN CHAMBERS. His Honor took Chamber business after the Banco business was concluded. Mr DeLautour applied, under the Trustee Act, for leave to raise £750 on mortgage in a settled estate.—Order made as prayed. RE WAIN GAROSIIA NO. 3 BLOCK. Application to remove two caveats lodged in 1897. Mr DeLautour for applicant ; Mr Rees on behalf of creditors. —Order made for removal of caveats, with £2 2s costs ; Atina Broughton and Hem Tipuna to be joined as parties to pending action. RE GEOROE HOUGHTON, DECEASED. Application for directions. The question is as to whether a gift in the will took effect or not. . His Honor said testator’s intentions were evident. It was necessary to serve the English beneficiaries. Ho answered the question asked in the affirmative; costs to be paid out of the estate. Mr DeLautour appeared for applicants. RE FRANK ARTHUR, DECEASED. Application for directions. Mr DeLautour appeared for ' appfleant, and said probate had been granted in Western Australia. The widow wished to have the estate settled upon trustees, in accordance with power contained in the will. His Honor said the application was a very fair one, and approved of the proposed settlement.