CLAIM FOR POSSESSION OF LAND

Manawatu Times, Volume XLIX, Issue 3263, 5 February 1926, Page 4

CLAIM FOR POSSESSION OF LAND

-CASE ADJOURNED. In the Supreme Court yesterday before His Honour, Mr Justice McGregor, the trustees in the estate of the late S. R. Lancaster (E. S. Lancaster of Levin, and Wm. Anderson, of Aokautere) applied ,for an order for possession of land sold by the late S. E. Lancaster to Wm. Henry Brown of Aokautere. i v Mr A. M. Ongley appeared for the plaintiffs. .» Plaintiffs’ statemeht of claim set out that S. R. Lancaster (deceased) sold to defendant 86 acres of land at Fitzherbert 'and the ' balance of the purchase! money £6006, became due- on July 15, 1923. On January, 31, 1925 defendant filed a motion for an ord er granting an extension'of time for the payment of the balance of purchase money, but the Court ordered that failing payment of £SOO in reduction of tho amount due before August 20, 1925, the application would be dismissed. The £SOO was not paid in accordance with the order whereupon defendant was' served with notices requiring him to pay the whole of the moneys due. and drawing his attention to default of covenfmts and agreements on his part. The breaches complained of were non-payment of balance Of purchase money, nonpayment of interest, fences allowed to fall into disrepair, fences removed and buildings not kept, in good order, repair and condition. .Defendant was advised that unless the breaches were remedied the trustees would proceed to exercise the powers conferred upon them. On December 5, 1925, plaintiffs advised defendant that the agreement of sale had been cancelled and that he wpuld be deemed a trespasser on the lands and treated accordingly. Defendant was still in occupation and therefore plaintiffs prayed for an order declaring the agreement of sale and purchase had been validly cancelled and that the defendant deliver up ment in respect of £l4O/5/11 owing ment in respect of £l4O/5/11 owing for interest: judgment for use and occupation of the lands from December 5, 1925, to the date possession was given plaintiffs; judgment for £SO in respect of breach of covenant to keep fences in repair; costs and such further relief as the Court might seem meet. Formal evidence was given, by G. Tremaine, solicitor, and Wm. Anderson, trustee.

His Honour: On what grounds are you asking for this order? Mr Ongley: Failure to pay the principal moneys and interest. His Honour: The agreement gives you power to sell in those circumstances.

Air Ongley stated that the trustees did not wish to sell at the present state of the market. His Honour asked for authorities upon which he could base a decision for possession and adjourned the case until this morning for them to be produced.