LITIGATION OVER LAND.

New Zealand Herald, Volume LV, Issue 16902, 15 July 1918, Page 6

LITIGATION OVER LAND.

ALLEGED FORGERY OF DEED. NO DEFENCE TO ACTION. The hoaring oil the application of Harry T. Gillies (Mr. Algie), of Hamilton, for an order for possession of a farm property at Matangi, which an elderly halfcaste, named Paul Merritt (Mr. A. E. Skelton), claimed to be his, was continued before Mr. Justice Cooper in the Supreme Court on Saturday,

Further evidence was givon by two half-castes, Frank Borell and Era Te "Wakatana, to the effect that in 1871, when, according to documents, Merritt signed in Auckland a conveyance of his 150-acre grant to bis half-brother, George Crammer, now deceased, he was engaged upon a road contract at Tauranga, and was not away from the works long enough to have made the Journey to Auckland, which, under the conditions of those days, would have taken a fortnight Merritt himself was recalled, and swore that the signature upon the conveyance was not his.

His Honor, in giving judgment, held that the land transfer title produced was conclusive evidence that the late W. A. Oliver was the registered proprietor of the land, that before his death he leased 1024 acres to a Mr. Thomas, with a purchasing clause, and that that lease had duly passed to Mr. Gillies. As to the allegation that the original conveyance of the land was a forgery, the Court would express no opinion, as the question was not before it; but if it was a forgery defendant could not set up the fact in answer to the certificate of title under which Mr. Gillies claimed. It was clear that the person who obtained the title under the Land Transfer Act in 1873 had no knowledge of any fraud, neither had either Mr. Oliver or Mr. Gillies any notice of fraud. Merritt had no legal right to remain upon the land, and the Court would order him to give up possession. He might have a claim for damages against some other person, or for compensation out of the Land Transfer Assurance Fund.

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