FINDINGS OF FACT.

Hawera Star, Volume XLV, 22 July 1925, Page 4

FINDINGS OF FACT.

IN PATCHELL \ PEASE CASE. CHATTELS UNREMOVABLE. In order to facilii.te a settlement in the case in whicT James Patched o’aimed the sum of 8s 9d from A. C. Pease and J. K.. lichards, for al?ged wrongful remov.Sof chattels, Mr J. S. Barton, S.M., o-day delivered his finding on certain.qestions of fact ■<nd \aw preliminary tea final adjudication. The defendant Pease held a bill of sale over the articles alleged to be removed an other articles also alleged to he removi as tenants’ fixtures. Firstly, liis Worship und that A, C. Pease and J. K.. Rhards did remove the chattels. Sec-oily, most, if not a-’l of the things so ?inoved had been previously placed Onbhe land by Pease or persons claimingunder him, hfi-dly, the chattels were peed on the ’.and in substitution fo r sißar things that ‘wore there at the tim the mortice to the plaintiff was yen. In the magistrate’s opinion, th'eanks, the ■fig-proof fencing and the galvanised : rpn piping when brought- i to the land in question were so plac] for the ' "'•manent improvement of' he land. None of these things were plied there for their better enjoyment ashattels. Hie water trough* a’so wer (part of •-he whole water system, and ir e nonchattels, hut were covered by tx plaintiff’s mortgage. His Worship Id that l,, f plaintiff had established aghstthe defendants, A. C. E?ase and J. K: Richards, the rights of action iderly-- : ng the four subheadings of in. paragraph 3 of the stntenqt of claim. All the articles claimecwero charged bv the mortgage in fav T of the plaintiff, and were not. remote. There now remained the matv of sett'ing the value of the article removed. At the hearing Mr L. A. neared for the plaintiff and Mr j. Liston for the defendants.