DEED IN DISPUTE

Otago Daily Times, Issue 23161, 10 April 1937, Page 14

DEED IN DISPUTE

DISPOSAL OF TIMBER COURT RESERVES JUDGMENT (Per United Press Association) WELLINGTON, April 9. The Court of Appeal to-day continued the hearing of the case of Tiki Paaka v. Adam Maclaren. Mr G. P. Finlay, for the respondent, submitted that the court as a matter of law was concerned only to take the deed and consider the legal effect of its several provisions, and then to determine whether, on the legal effect of the whole document, the relations between the parties was that of vendor and purchaser, or principal and agent. The agency character of the document was emphasised, in that what the respondent was to do under it was to act as agent or attorney for the Native owners. He was made their servant or agent to cut timber, and then their servant or agent to sell it. The significant character of the document appeared from the ."act that in no sense did the respondent ever acquire any property in the product of the deed. His obligation was to sell all the timber. He had no immediate right to the proceeds of the sale of the timber, but these had to be put into a trust fund, of which he was one of several persons interested in the distribution. Judg lent was reserved. The court then adjourned till Tuesday.