IMPORTANT CIVIL ACTION.

Poverty Bay Herald, Volume XIII, Issue 4738, 11 December 1886, Page 2

IMPORTANT CIVIL ACTION.

♦ The most important civil action set down for trial at the sitting of the Supreme Court to be held in Gisborne next week is one in relation to the Matawhero No. 1 block, in which Read's Trustees and the N.Z. Native Land Settlement Company appear as defendants, and Messrs M. J. Gannon and Thomas Goldsmith are plaintiffs. It is in fact a further development of a case heard last December in Gisborne before his Honor Sir James Preudevgast, Chief Justice. On that occasion an action was brought against the N.Z. Native Land Settlement Company by one of the plaintiffs to restrain the defendant Company and Edwin Bamford, the Registrar under the Land Transfer Act, from proceeding further with an npplieation to bring a certain4oo acres of Matawhero No. 1 underthe Land Transfer Act. Divested of legal technicalities the whole question was whether or not tho share of one of the grantees, Hamiora te Kakenga, claimed by the plaintiff, had been previously purchased by tho late G. E. Read, as was alleged, by a deed of conveyance dated the 19th July, 1870. Upon this point Sir James Prendergast delivered the following judgment .-—"Dealing first with tho question of fact as to whether the conveyance to Read was executed by Hamiora, or any person duly authorised on his behalf, the evidence at the trial was that of Hamiora himself, who swore he did not sign the deed or authorise anyone to sign upon his behalf ; the person who acted as Read's agent in obtaining signatures to the deed also swore that the person who appeared in Court as Hamiora was not tho person who professed to be Hamiora at the execution of the deed. It was ad^ mitted that the person who did so appear in Court was the Hamiora mentioned in the Crown grant. There was no evidence adduced by the defendants which would [ justify me in not acting upon the evidence |of the plaintiffs ; indeed tho evidence given by persuiss who during Mr Read's lifetime were in confidential employment by him shows that a doubt as to the genuineness of the signature purporting to be Hamiora's was entertained long ago, and the Trustees of the will of Read had taken steps to negotiate with Hamiora fora purchase of his share so as to complete their title. " I conclude therefore," says his Honor the Chief Justice, "that the conveyance to Read was not executed by Hamiora, and did not convey his share to Kead." An exhaustive judgment concludes as follows : " The plaintiff cannot in this suit hare any farther relief, as Read's Trustees are not parties to the action. The defendant Company must pay the plaintiff's costs of the action, to be taxed on the medium scale." Fresh proceedings had to be instituted, and therefore, in the action shortly to be tried Read's Trustees are joined as defendants. Considering the magnitude of the interest at stake, the present is the most important civil action that has been brought before the Supreme Court at Gisborne. The plaintiffs, in addition to the claim set up to Hamiora's share, to which the extract above quoted relates, claim that the right of survivorship, the grantees being joint tenants, seven shares of the grantees who died, without, as the plaintiffs allege, selling their interests, had merged in Harniora, and are now owned by his representative, Messrs Gannon and Goldsmith. Tho plaintiffs claim eight-twenti-eths of the whole block, or in area about 640 acres, and ask to have the land partitioned and their shares and interests therein allocated to them. In addition a claim is made against William Coleman and Joseph Friar Clarke, as trustees and executors of the will of the late G. E. Read for £3500 for the use and occupation of the land by G. E. Read or his representatives from the 19th July, 1870, to 19th July, 1880, and a further claim of £2000 is made against the defendant Company for the use and occupation of Matawhero No. 1 from July, 1880, to date of present action. Altogether interests to the extent of about £20,000 are involved. Mr Hugh Gully, of Bell, Gully, and Izard, of Wellington, one of the leading firms of barristers and solicitors in the colony, has been retained by the plaintiffs, and is acting in conjunction with Mr H. E. Kenny, of Gisborne. Mr Gully will arrive to-morrow morning from the South. Mr C. A. DeLautour, along with Mr Sievwright, will represent the defendants.