TRANSFER OF TITLE.

Poverty Bay Herald, Volume XLII, Issue 13645, 27 March 1915, Page 8

TRANSFER OF TITLE.

JUDGMENT IN NATIVE LAND

CASE.

(Per Press Association. f

WELLINGTON, last night. Reserved judgment was delivered to<ia,v by His Honor Mr Justice Stringer m the Native land case bear- m the Masterton Supreme Court last Monday.

In the action >the Official Assignee applied for an order for specific performance by Harry Nee of the transfer of the title of certain Native land near Mastertou to the Assignee. It was explained at tho hearing that m 1886 Patrick Carr had leased eight acres of land from the Natives. In 1898 he |>aid over the purchase money, but the transfer was not completed. In 1902 a fresh transfer was drawn up, and Carr paid more money to obtain the signatures, but thc transfer wis not completed; Fresh documents were prepared m 1905, but no title was issued. In 1911 Carr became bankrupt, and the Official Assignee applied for confirmation of the 1905 transfer as a title from the Native Land Court. That Court refused and, later on, granted confirmation- of the transfer to Nee, who had paid £300 to the Natives.

In his decision His Honor said it was quite clear tha>t bankrupt, oh the facts proved, would have been entitledto a decree against the Native owners for specific performance of agreement for sale and purchase, but this was unnecessary because he had obtained m 1905 a. transfer from the Natives duly executed and only requiring registration. On his bankruptcy iv 1911, the Official Assignee succeeded to all the rights. It was clear that defendant had acquired his title with a full knowledge that Carr had actually possessed the land for many years, had spent money m improving it, had bought and paid for the land from the Native owners, and held an actual transfer only requiring registration. His Honor declared that defendant was a mala fide purchaser, and only held the land as trustee for plaintiff, and directed him to transfer it to plaintiff.