FAMILY QUARREL

Northern Advocate, 2 November 1927, Page 2

FAMILY QUARREL

LEASE RIGHTS FLOUTED, j INVASION BY CLAIMANT. I . j There is a, property in the Whan ValI ley concernin''' ownership of which there is fllfference of opinion. Between members of the McDonald family, and trouble arising therefrom lias led to a good deal of litigation. The first ease, about a year ago, had to do with the removal of a roof from a dwelling in an effort to evict one A. L. Love, who was an occupant having a lease from one member of the family. Yesterday another ease, arising from the same dispute, was submitted before Mr F. H. Levien, S.M., when informations were laid against Murdoch Me Donald that he would do Love's wife and children serious harm; that he had done offensive acts in Love’s presence for the purpose of annoying and provocation, namely, trespassing on his property in company with two drunken men who claimed authority from McDonald to enter the house and to take possession, and whom it was necessary to eject by force; and that McDonald had ' incited or attempted to incite other ■ persons to commit a breach of the i peace, as the deponent was able to de- ' pose of his own knowledge. It was therefore 'sought that cause should be shown why McDonald should not be bound over to keep the peace. Alexander Orr Love, the complainant, said that about the middle of September, defendant and two others drove up in a car, the two last-mention-ed entering the house carrying a jar of beer. It was about milking time and when complainant asked what they were doing the reply was that they had authority to stay and intended to do so. Love rang the police but was told that nothing could bo done as it was a civil ease. Meanwhile the doors of the house had been nailed up by the intruders. However, Avhen witness’ two sons returned home, complainant and the boys started milking, but they were prevented from using the separator. When one of the men, 'Croft, went towards McDonald’s whare, complainant told his sons that he was noucompos mentis. Consequently the sons led Croft out on to the road and later got rid of the other, Dowell, who wanted, to take the beer jar with him, but Love retained .possession of it. The jar yvas nearly empty, and it was shown to the police next day. Then Croft, who was present, said he knew nothing about it, but later admitted that he did. As Love worked a good deal away from homo he wanted some protection for his wife and family. Cross-examined, -witness admitted that ho did not live in the leased house on the property, but in another place down the valley. The furniture which McDonald and his sons had forcibly removed from the house a year ago, was still at his daughter’s place. Somewhere about the beginning of March complainant had given up his lease, . but later, without notifying defendant’s solicitor, he had returned to the farm and retaken possession, ignoring . a letter ordering him off again. Then ! a writ of ejectment was issued ngainsT . him. Croft and Dowell had been seen by complainant to enter the house where they remained for three hours. One of them was assisted over some planks to the road, after he had expressed regret at being present at all. The other , man had gone 'home of his own accord and complainant did not know how it came about that he ended up in hospital. At any rate he knew that his , sons had neither pushed him into a , swamp or into a fence. Complainant , had retaken possession by authority j from Malcolm McDonald. 3 Counsel for defendant suggested ! that if there was nothing further than 1 corroborative evidence to be submitted, i there was no case to answer. There ; was not a tittle of evidence that “Me- 1 Donald had been on the property, t which he claimed as his own. As for 1 the contested ownership, Malcolm was i the only member of the family who op- c posed Murdoch’s claim. However, af- t fidavits were being obtained from i other members and it would not bo long t before ownership of the land would Tic £ definitely established. Meanwhile Murdoch McDonald was keeping off 'j the property. -

His Worship Colt that so long as the title was in dispute it was not much use 'going on with the ease, as the whole matter cent ml upon ownership of the property, which was at present in the hands of the Public Trustee, who had warned 'Murdoch McDohald off it. He adjourned the case until the second session in 'December, which would ho near Christmas, the time of goodwill, and by then he trusted that the air would bo clear for an amicable settlement.