SUPREME COURT.

Hawke's Bay Tribune, Volume XI, Issue 63, 2 March 1921, Page 4

SUPREME COURT.

NAPIER SESSIONS. (Before Mr. Justice Salmond.) The session of the Supreme Court was continued in Napier this morning, before Mr. Justice Salmond. A LAND CASE. Mary McCormick, of Napier, proceeded against her husband, Patrick McCormick, of Greenmeadows, a prayer for an order of sale of property. The plaintiff claimed that in 1911 defendant transferred some four acres of land to himself and plaintiff, defendant to pay all principal and interest monies on a mortgage. The land contained large dwellings and stables, and a, sale of the property would be- more beneficial than a division. The plaintiff claimed a sale and distribution with a set-off in favour of the plaintiff of £397 8/7 as rental since 1911, and a set-off against the defendant of an amount to clear a mortgage. | The statement of defence admitted that a sale would be more beneficial to the parties. Defendant admitted having been in occupation since 1911, butdenied any liability for rental, and submitted that plaintiff was entitled tr pay her share in the satisfaction of the mortgage. Mr. L. A. Rogers represented plaintiff and Mr. H. B. Lusk appeared for defendant. I No evidence was called, and the case resolved into one for legal argument. Mr. Rogers said the order had been made for sale and defendant bad since bought. The mortgage had been repaid by the defendant, and the only question remaining was as to whether i plaintiff was entitled to occupation rent from the defendant. His Honour said he would look into the matter. DIVORCE. 1 Allan H. Gannaway (Mr. Rogers) proceeded again Alice Gannaway for divorce on the grounds of desertion. The evidence was that petitioner returned from service in 1916, and after some time in hospital returned to his home. There was a difference and he went into lodgings. He later tried to return to his home but was turned out. Petitioner then drew a farm in Dannevirke and on several occasions asked .respondent to join him. She refused. .The magistrate had made a maintenance order, but an appeal against this had been upheld. After hearirfg corroborative evidence, His Honour allowed a decree nisi, to be moved absolute iu three niopths.