A COMPLICATED CASE.

Otago Daily Times, Issue 7280, 17 June 1885, Page 3

A COMPLICATED CASE.

(FBOM OUB OWN OOBBB3PONDENI.)

Timaru, June 16,

. The Supreme Court has been occupied all day ovor the case of Saunders and another versus Cabot. The case; which was heard before a special jury, was a very complicated onO. Two brothers, Henry and James Saunders, of Waimate, were plaintiffß, and Thomas Oabot, farmer, of Timaru, defendant. Plaintiffs alleged that in December 1859 defendant was owner in fee-simple of town Bection 19, Main road, Timaru, whicb he had purchased from the late George Rhodes. Subsequently he agreed to sell the section to one James Saunders, alias "Jimmy the Needle" (a soubriquet by whioh he was known in the district), for £30. The money was paid, and an agreement was drawn out. In 1860 James Saunders married one Elizabeth Wixon, and plaintiffß were the issue of tbis marriage. In 1862 Saunders, sen,, died, leaving a will in these terms: "I, James Saunders, leave all my property to my wife and family to be equally divided amongst them." This will waß never proved, and the witnesses whoso names were attached to it had gone away, or at any rato could not now be found. Subsequently the widow of Saunders took possession of the section in dispute and let it to Richard Turnbull. She then asked defendant for a conveyance. This he declined to givo, and defendant alleged that he had burned the original agreement between himself and Saunders. He (defendant) then further acquired the land for himself under the Land Transfer Act, and ho received the rents and profits over since. Plaintiffs now prayed tbat defendants should be decreed to give up the land, with all rents and profits to date, and to execute all documents necessary to transfer the section to plaintiffs. Defendant, on his part, admitted some of the first allegations, but denied that he waß the owner in fee of the land, or that Saunders ever bought it. He denied that Saunders ever married Elizabeth Wixon,''and tbat plaintiffs Were born in wedlock. He further denied genuineness of the will, and alleged that he purchased the land from the widow for £75. He denied that he had ever burned a transfer, and submitted that he was now tbe registered proprietor, having acquired it in the ordinary legitimate way. A large number of witnesses were examined for both sides, including several of the very oldest inhabitants of Timaru. Counsel addresß Court to-morrow. The case excites a great deal of interest.

A broach-of-promiso case, Cortigan v, Douglas, a claim of £700 damages, is set down for to-morrow before a special jury.