JENKINSON v. CAMPBELL,

Otago Witness, Issue 1970, 22 August 1889, Page 10

JENKINSON v. CAMPBELL,

As this caBB has been exciting considerable interest we reproduce from the Southland Times of 4th March, 1884, the following:— "Assessment Court, Invercargill Borough, before H. M'Cullocb, Esq., Judge, Duncan Oampbell applied to have his name inserted on the roll as occupier of section 16, block LXXI, and faction 19, block LXIII.— Mr Scandrett (valuer) objected. He said the sections belonged to two children who were in the Industrial School, the offspring of one Robert Jenkinson, deceased. Tj'fae. applicant had no right to occupy the sections, and he (Mr Scandrett) did not look npon him as the occupier. — The applicant said he had bet n in occnpation of the sections since 1881. He had fenced them and taken crops off them. The Robert Jenkinson who had bought the sections was now in Scotland, was a single man, and. had no children in the Industrial School. — Mr Scandrett said he did not believe applicant had ever seeu Jenkinson, but bad only known the original purchaser, John Westlake. He objected^ to allowing applicant to obtain any sort of title, and he would endeavour to protect ■ the interests of the infante." The boys referred to, having attained their majority, took steps to ! prove their identity, and lodged the deeds and \ an application t-> bring the land under the Land

Transfer Act. Mr Campbell lodged a caveat against this being done, and presented an application for & title te himself on the ground of occupation and claim for money advanced. Recently Messrs Stout and Mondy, ] of Dunedin, commenced an action of eject- ] menb in the Supreme Court on behalf of the sons of Robert Jenkinson, and Sir Robert Stout came specially to Invercargill to conduct the case. T,he defendant averred that Jenkinson came to Invercargill in 1861 on his way to the West Coast and borrowed £100 from him (Campbell), and told him to hold possession of the sections until he was repaid. The plaintiffs had therefore to procure information of the movements of Jenkinson from his arrival in New Zealand until his death in 1875. In this they had, we understand, been entirely successful, having brought witnesses who could prove that Jenkiuson was a man of considerable means between 1860 and 1872 ; that he bought the sections from a friend, who wanted the money, in 1860, without ever having seen tho property, and that he had never visited luvercargill from the day of his arrival in Dunedin until hio death. Several local persons were ako subpoenaed who who were prepared to declare that the sections were entirely vacant land until after tshe fire brigade station was removed to Don street, ia 1872, when Mr Campbell Bometime afterwards fenced tho frontage,* which made the land a paddock. As will be seen from our report, the defendant has withdrawn from the case, the plaintiff allowing him £10, being about one-fourth of the amount paid by Mr Campbell as rates. Tbe young men will therecome into possession of tHeir own, and as the land is worth something approaching £1000 it should give them a good start in life. — Southland Times. •-