SUPREME COURT.

Lyttelton Times, Volume CXIV, Issue 16193, 20 March 1913, Page 5

SUPREME COURT.

IN CHAMBERS. (Before his Honor Mr Justice Denniston.) HICKMOTT v. KESTEVEN.

Yesterday morning, sitting in Chambers, his Honor Mr Justice Denniston . gave Tiis reserved judgment in the appeal case of George Hickmott (Mr E. Harper) v. Francis David Kesteven (Mr R. T. Leathern). The facts, as stated by counsel for the appellant, were that James Campbell had given a security to F. D. Kesteven over a horse, and afterwards sold it to Hickmott. The security was not registered. Hickmott was an innocent purchaser, without notice, but the Magistrate held that he was not entitled to the animal. It was against that decision- that the appeal was made. His Honor said that the reasoning of Mr Justice Cooper in the case of Andrews v. Fan'Tu was equally applicable to the circumstances of the present case. Indeed that learned Judge had used that very case—a bill of sale given by an expressman or a carrier over his vehicle, harness or horse—as an illustration of his argument. He had- consulted Mr Justice Cooper, who considered that his decision would cover both cases. ” Even if I dissented from the judgment in Andrews v. Fan Tu,” said his Honor, “I should follow it. I am, however, satisfied that it is correct, and looking at the context in both sections and the coallocation in both of wool and crops with stock, ‘stock’ cannot in either of them be treated as governed by the definition of ‘ stock ’ in the interpretation clause of the Act.” The appeal was dismissed with £6 5s costs. PROBATES. Probates were granted of the wills of the following deceased persons:—Carl Shroeder (Mr Park), James Bolitho (Mr Patterson), Hannah Harding (Mr Purnell), Elizabeth Rachel Thompson (Mr Crisp), John Horgan (Mr Middleton), Jessie Maxwell M’Callum (Mr Hamilton), Frank Jackson (Mr Lane), Harriet Barnes' (Mr Andrews), Mary Graham (Mr Helmore), Jane Hopping (Mr Dougall), Charlotte Gordon (Mr Alpers), Jane M’Cready (Mr Bain), Richard Campbell (Mr Lane), John Robert M’Naurrht (Mr Helmore), Henrich Schaffer (Mr Raymond), Edward Scott (Mr Meares), Florence Rebecca Bunt (Mr Weston), John Jeffs (Mr Hunter), Helen Scrimgeour (Mr Weston). Letters of administration were ."ranted in the following estates:— Thomas M’Cready, with will annexed (Mr Bain); John Hartley Spencer (Mr Crawford). In the estates of Alexander Henderson, deceased (Mr Weston), and John Barton Arundel Aelnnd (Mr Wilding) the Registrar’s report was approved. In the cam of R. A. Forrester and another v. W. A. Forrester and others, on the motion of Mr Meares service n-os ord<”-pd to be made on James Kilsyth Forrester.

In J. R. M’Fnr'ane (Air Rowe) v. Jean Menzies. motion for leave to set down for trial, no order was made.,