BROTHERS AT VARIANCE.

New Zealand Herald, Volume LIV, Issue 16600, 25 July 1917, Page 5

BROTHERS AT VARIANCE.

DEALINGS IN LAND.

CLAIM AND COUNTER-CLAIM.

A dispute arising out of joint land transactions by brothers occupied the attention of Mr. Justice Hosking at the Supreme Court yesterday. The plaintiffs were Campbell Johnstone, fanner, of Whatawhata. and Bernice M. Johnstone, of Hamilton, widow, and administratrix of the estate of Lindsay Johnstone, deceased, of Hamilton (Mr. A. E. Skelton), and the defend-

ants, Hallyburton Johnstone, farmer, of Howick, and Madge Johnstone, his wife (Mr. Ostler). Plaintiffs asked for a declaration that Hallyburton Johnstone holds

j certain properties at Karamu in trust for plaintiffs, and that Madge Johnstone holds a property at Miranda in trust for Campbell Johnstone; and for an order that the terms of a verbal agreement be fulfilled ; or, m the alternative, a declaration that the defendant, Hallvburtor. Johnstone, holds the properties at Karamu in trust for the administratrix of Lindfiay Johnstone, subject to her right of redemption, and that accounts be taken to ascertain what amounts shall be so paid : also for a declaration that Hallvburton Johnstone holds in trust for the plaintiffs two-thn-ds of a sum of £10.500 received bv i him for a property at Hauraki, which he j held in trust for the three brothers; and that the partnership be dissolved, the I accounts taken, and _ the business .round Defendants denied all the allegations in j the statement of claim, with the exeen- ! turn of those relating to the sale of the' Hauraki property, and that Madge John- I stone was the registered owner of the Miranda property. ♦ », In , a counterclaim, defendants alleged I the lands at Karamu were acquired for the use and benefit of Hallyburton John-1 stone, but that the latter had entered: into a verbal agreement with the late ; Lindsay Johnstone to share the profits of . such lands on a two-thirds and one-third ; oasis, Lindsay Johnstone to receive his I share after repaying moneys expended on improvements by Hallyburton Johnstone. ! Defendants expressed willingness to trans- [ ter the Miranda property to Campbell '■ Johnstone upon payment of £1000. De-1 fendants asked for a dissolution of the I partnership m respect to the profit from the lands at Karamu, and possession of the lands ; for judgment for £1427 5s 6d ; moneys expended by Halliburton John-j stone in improving the plaintiffs' land, I and interest at 6 per cent, per annum. Plaintiffs denied all the allegations' con-1 tamed in the statement of counter-claim, | with the exception of the paragraph relat- ' ing to a partnership in the profits from ! lands at Karamu. It was contended, j however, that the partnership also applied to the lands. Evidence had not been concluded when •he Court adjourned for the da,-.