DEAL IN PROPERTY

New Zealand Herald, Volume LXIX, Issue 21254, 6 August 1932, Page 12

DEAL IN PROPERTY

FALSE REPRESENTATIONS AREA AT MANGONUI TRANSFER OF CITY SECTION False pretences in connection with :i transfer of properly were alleged against Arthur Marniaduke Mansill in tlio Supreme Court yesterday before Mr. Justice Smith and a jury. Accused was charged with inducing Violet Helen Norgicrve by a false pretence to transfer to hiin on August 31, 1929, a section in Glenside Crescent, the alleged false pretence consisting of representing to her agent, Harold George Sayers, that the security comprised in a mortgage consisted of a farm property fenced and subdivided and a four-roomed cottage in good order, occupied by the mortgagor. Counsel for the Crown said Constable Parkinson, of Mangonui, since deceased, had stated that the section covered by the mortgage, which comprised 40 acres at Mangonui, was in fern, scrub and gorse. There was no house on fne property and no grass. It was not fenced, lie had not been able to trace the mortgagor, Herbert Charles Evans, in the district. Evans, however, said counsel, had been subpoenaed and was now in Court. Suit Brought for Interest Violet Helen Norgrovc, of Papakura, j said she was part owner of the section j in Glenside Crescent, which was sold to Mansill for £4OO cash and £550 on a first mortgage of a property at Mangonui. She received the cash and an assignment of the mortgage. Mansill guaranteed payment of the interest. With her co-owner slie signed a transfer of her Auckland section. The deal was done through her agents. Witness said she received no interest from Mansill and sued him, when she obtained £9 that was paid into Court. . That was all tlio interest she bad had. She did not see Mansill until after lie was sued. He offered her a property at Avondale, but she refused it, saying she wanted the £550. Mansill called on her later and offered her the rents for two months from some shops and two promissory notes for £25 each if she would get tlio case withdrawn. He said the offer was not made because of any misrepresentation, but for the sake of his family. To counsel for accused, witness said she knew it was open to her to inspect the Mangonui property. The frontage of the Auckland property had been stated to bp 12ft. longer than it was, but that mistake had been adjusted. Negotiations by Agent Harold George Sayers, land agent, who was Miss Norgrove's agent, described the negotiations between himself and Mansill. He said accused told him the Mangonui property was a farm, and that one Evans was living on it. Evans had bought the farm, giving accused £250 cash* and leaving £550 on first mortgage. This was the mortgage concerned in the deal. Accused said he had received his interest regularly, and there would be no worry as to the principal being met by Evans. Witness said lie told accused the farm was too far away to be inspected. Accused said the place was fenced and Subdivided, and had a four or five-roomed house on it. He was quite willing to guarantee tlio interest and did so. Asked to guarantee the principal he said he was a speculator, and did not want to have a guarantee of a first mortgage standing over him in case it came back. A form of offer was drawn up, Miss Norgrove was advised, and eventually the deal was concluded. Evans did not meet the interest and witness advised Mansill of his guarantee. The accused said ho had never had trouble in collecting his interest and told witness not to worry. Previous Sale of Property Formal evidence was given concerning the conveyance of the Mangonui property from Mansill to Evans in 1928. It was stated that Mansill secured it for .£lO and sold it to Evans for £BOO, receiving a deposit of £250 and the balance of £550 by way of first mortgage over the property. Detective Allsopp said Mansill made a statement in which he said ho had not seen the property at Mangonui. Ho said he had purchased it for £lO and nine days later sold it to a man named Evans for £BOO. He said he had not seen Evans or had any correspondence with him since the transaction. When askqd about the £250 deposit accused said he was not going to answer any further questions Accused said lie had not seen the land, and he denied making false representations about it. Philip Winfred Lange, retired builder, of Grey Lynn, said ho had dealings with accused in 1923 regarding a property at Whukatane. Later ho discussed with Mansill a mortgage over a property at Mangonui. Accused said he had just bought tho property and sold it for £BOO. Evans lived on the property. An agreement was mado whereby accused assigned to witness a mortgage for £550. Witness could not. get any interest and told accused the section was a "dud." The arrangement was cancelled and another one made. Evans in Witness Box Hubert Charles Evans identified a document as the mortgage given by himself to Mansill for £550 over the property at Mangonui. Counsel for the Crown: How did you come to acquire that properly? Witness: I refuse to answer any further questions in case I might incriminate myself. Counsel: You refuse '! Witness: Yes, sir. Witness was thereupon ordered to leave the box. Counsel for accused contended that no one would bo foolish enough to make the representations alleged when the property was so near to Auckland as to bo available for inspection. He urged the jury to dissociate Evans from the case. His Honor reviewed the history of the Mangonui property as shown by documentary record and in association with the evidence given in the case. Ho referred to the lapse of three years since the time of the transaction and to its bearing on the value of some of the oral evidence. The jury, ho said, had to decide if the deal had been made as a result of representations known by accused to be, false. The jury retired at 8.45 p.m. and returned at' 9.40 p.m. with a. verdict of guilty. Accused was remanded for sentence.