TRANSACTION IN LAND.

New Zealand Herald, Volume LIX, Issue 18059, 6 April 1922, Page 5

TRANSACTION IN LAND.

QUESTION OF OWNERSHIP. SUPREME COURT ACTION. A somewhat complicated case involving a question of ownership of lands at NihonihOj Ohirra, was heard yesterday at the Supreme Court before Mr. Justice Herdiman. The plaintiffs were James McDonj aid, of Nihoniho, and James McDonald, ijunr., also of Nihoniho, farmers, (Mr. Singer and Mr. Hogben), and the defendant, Mary Elizabeth McDonald, wi3ow, and executrix of the will of Frederick Joan i McDonald, late of Nihoniho, farmer, de I ceased (Mr. Inder and Mr. Tompkins). ;i The statement of claim set forth that in 1905, the plaintiff, James McDonald, ! entered into negotiations with certain i natives for the lease of two blocks of land at Ohura, containing about 271 acres. ; i The lease was eventually taken in the name of Frederick John McDonald, it ''being understood between him and the I plaintiffs that each of. the three would [have a third interest in tie land- The I improvements on the land were effe<;6ed '. by the plaintiffs and Frederick John Mc- | Donald and the rent and the greater part :of the cost of the improvements was paid |by the plaintiff, James McDonald. In j 1916, the freehold of the land was obitained by Frederick John McDonald, un known to the plaintiffs. Frederick John McDonald died in June. 1918, leaving a will in favour of his widow, the defendant. 'The latter refused to admit that the plain I tiffs had any interest in the land. The j Court, was asked to decree that iihe land was held by Frederick John McDonald, as trustee for himself and the plaintiffs as tenants in common in equal sbves, and that the fee simple of the land was acIqrired as such trustee. An account of the dealings of the said Frederick John i McDonald and the defendant with the land ] was also asked for. The defence was a general denial of the allegations that the land was held as a I trustee by Frederick John McDonald. Lengthy evidence in support of the claim was given by James McDonald, the elder. At the conclusion of the witness* ew dence, Mr. Inder said he intended raising a non-writ point. If it were popsibla to raise it at that stage the proceedings might be materially shortened. Mr. Singer said he had no objection. Hia Honor said it would be inregnhw to raise the point at that stage. The I proper time to do so was at the conclnsion jof the plaintiffs' case. ! Evidenco was given by Wi Peehi and ! Pakira "Ngatoa, two Maoris from whom : the land had been purchased. They stated | that negotiations for the lease and for obItaining the freehold of the property had been carried out by the plaintiff James j McDonald. The rent had also bwn paid j to them by him. George Hutton, who had been manager 'of the Bank of New Zealand at Ohura, [gave evidence as to the financial trans- '• actions between the plaintiffs and the late (Frederick John McDonald. ; The further hearing of the cws was ;adjourned till to-day.