COURT OF APPEAL.
■' iWANGANUI RACECOURSE CASE. WELLINGTON, April 21. In the Appeal Court, in the Wanganui Racecourse case, the Chief Justice stated 'that the defendants having admitted in • defence that the plaintiffs were in possession of the portion of land over which ■the alleged right-of-way ran, it was clear that, so far as that portion was concerned, the plaintiffs were entitled to recover. ! "Unless right of way was established, the onus of establishing, which lay in the der'fendants, questions as to the validity of the plaintiffs' title were irrelevant, possession being a sufficient title upon which I to maintain an action for trespass against ' "a, stranger. Judgment would be for plaintiffs. Nominal damages being asked for, these were fixed at Is in respect to section "21, and Is in respect to the racecourse, with costs on the lowest scale. Judges Williams and Chapman delivered separate judgments. The result was that jthe appeal was allowed.
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Otago Witness, Issue 2928, 27 April 1910, Page 58
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154COURT OF APPEAL. Otago Witness, Issue 2928, 27 April 1910, Page 58
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