SALE OF FARM

Manawatu Standard, Volume LIII, Issue 286, 31 October 1933, Page 10

SALE OF FARM

ACTION IN SUPREME COURT. JUDGMENT FOR PLAINTIFFS. Decision was given in favour of plaintiffs in the Supreme Court, yesterday afternoon, in the case in which an order for the sale of a Foxton farm property was sought by Mrs Honora Agnes Bartholomew, Miss Annie Neylon and Miss Elizabeth Gertjrude Neylon, of Foxton, defendant being John Patrick Neylon, farmer, of iFoxton. His Honour Mr Justice MacGregor was on the Bench. Mr B. Bergin appeared for plaintiffs and Mr C. F. Atmore for defendant. Continuing his evidence after the luncheon adjournment yesterday, under cross-examination by, Mr Bergin, defendant said that he had o;fered that the others interested in the property could have his share at £7 ) an acre. He could not say whether he would be willing to allow the, othe rs to have his interest in the" property at any reserve fixed by the Court. His own proposition was that he should be apportioned 29 acres of the good land and one acre of a sandy s iction.. He would build upon the one acre. He did not think the 29-acre s action was the best land on the wffiole farm. He did not want the section with the homestead on it, if the farm -were divided. He admitted that the whole of the buildings on the farm wex'e designed for the running of t ie farm as a whole. If lie had tlie farm and had to sell it he would subdivide it and then sell it, as the retur i by that method would be very mu ill greater than if it were sold as a w iiole. Re-examined, defendant said he knew his sisters were desirous of having the homestead, and he was quite willing to take any one of the other three sections. Norman Henry Mackie, Government valuer, of Palmerston Nort i, said he had recently made a special valuation of the Neylon property. The maximum number of farms lie would advise dividing it into would be not more than two, but if possible no to divide it at all. It would be far abetter to sell the property as a whole, and the value he put upon the land, payment to be made on reasonable terms, would be £46 14s per acre. It world be possible, but not economical, to subdivide the farm into four lots. Mrs Honora Agnes Maria Bartholomew, one of the plaintiffs, said that a Mr Baker held a mortgage over her share of the farm. Witness was desirous of a sale of the farm bung made to clear her of that liability. Kenneth McDonald, land agent, of Palmerston North, said the farm would bring a considerable amount more money as one farm that it would as lots. The farm included oi e section that would be quite useless by itself. If the farm were divided in o 30-acre sections; and building erected on them, the building -would cost a good deal per acre. He thought the whole property could be sold at £42 an acre. That would only allow the fanner, taking up the land, and his wif > £l5O a year and a free house, bu; capital could not be repaid at that figure. It would be very difficult, almost impossible, to divide the farm ii to four sections of equal walqe. In giving judgment, “Ilis . Honour said he was quite satisfied tha; it was a case wherein lie should make an order for the sale of the farm Referring to authorities, he said t lat it was his clear duty to follow that course. It was impossible to say what would be the future price of butterfat, on which the value lof the farm depended. The evidence showed that, from its configuration, and tho three classes of the land it comprised, it would be exceedingly difficult to cut it up into four farms. If lid were to partition it there would be four indifferent' dairy farms that would?, according to the concensus of opinion, be difficult of sale. ' It was unfortunate that defendant should be in his present but he was ins the same position as tlidVother t|iree beneficiaries to whom fold been left. No valid had been shown why the sale should lift Jbe carried out, that being the&mattgPf ol ' him to decide., His Honour inadwfan order accordingly. The Judge agreed with counsel that a reserve price ku the land should be fixed in Chambefe. Costs were reserved. n