SUPREME COURT.

Poverty Bay Herald, Volume XLV, Issue 14571, 5 April 1918, Page 7

SUPREME COURT.

A LAX!) TRANSACTION., (Before II is Honor Mr. .Justice Hqsking). The ease of Thomas J. ThomnfJ v. James Spence MacLaurin was •coittin-mul yesterday afternoon. Mr Thomas, proceeding with his evidence, stated that on the occasion of Mr MacLaurin's visit he (Thomas) gave him all the plans and information he possessed. Mr MacLaurin examined the Government plan minutely. - He asked !\vha*t area, witness had m, grass, and witness showed him the three tracings m question. There were figures on one of the plans showing 728 acres. Witness 'actually paid for the area, shown m these plans. i Mr Barnard said he was not objecting, but could not admit the accuracy of what was stated. Mr Lusk -said ho was only showing plaintiff's bona fides. Witness said that where the homestead was it was as rough as any part of the property he had seen. He apologised for the rough appearance, but explained as they got further down stream .and further into the country the country became more open. The present homestead was only temporary, but further down stream, he had better country and a better working basis. As to the country down the Koranga.. it was easier, and the land better; faces fronting the larger stream were more or less steep. When on-e got back inland one got into easy tops. Jlo had been, told there were fine stretches of shingle beaches m the lower reaches of the Ivoranga, aaid that the tawa bushes were open, leading m, easy stretches from the. (water. He stated that he was told this by Ohas. Seymour and a. man named "Kaiser,"'- and by a man who had . lost, himself. He said, however, he had not been beyond a certain point as indicated on. the plan. Witness had never been down- m the low«r country himself, and what information he had given was what had been told to him by others. Next morning ho made an inspection with the party, and they were able to ride over a great quantity of the land. Witness .then marked on. the plan the course taken' by the party. They weilt over a. considerable portion of the country/and the only thing questioned .by MacLaurin was the homestead. He said the ne»w homestead site was an ideal-- one. Jor a cattle farm. It was central ; about. 40 acres of the area was flat, and the land, abutted .on to the 66 acres. From the plateau m the direction of the river the land fell due westerly. Mr • MacLaurin himself had inspected that portion of the road, and discussed the matter of having a road. Previous to that they had gone over the grass country,, and witness noticed that parts had , grownpatches of second growth. Witness told . McLaurin that 30 or 40 acres would cover the second growth patches. The sheep Arorked on it a lot, and did very well m winter time. At shearing he had shorn. 1250, and docked 533 lambs, and a. number since. The country ivras carrying them well. The land was also I carrying 20 to 30 head of cattle, besides horses. Mr MacLaurin was satisI tied with the inspection, and witness told him he was not keen on going out, as he would lose £500 on his stock. Had ho not given the option he would not have done so later. Witness told him not to taken away by Mr Clayton's persuasive eloquence, and gave him a week to consider the matter. On the 28th he completed, and afterwards witness heard that MacLaurin wanted to have some of the bush felled. A party o£ th*ee bushfellers came up from town, and they _ joined up with three other men who were already there. Witness' son took them round to see the bush Mr MacLaurin wished to have felled along the stream. t Witness wrote to Mr MacLaurin that night, intimating that he was making a mistake, and inviting him, to come and see for himself. On the following Saturday he met Mr MacLaurin and his surveyor m town, and it was agreed that if they would go out on the Monday he would meet them ' and shoiw them. the best place to do the felling". On the Tuesday they went out to the new burn, and on the way out he suggested falling all the bush on his extreme boundary due north. Before entering the, bush her , boiled the billy, and Mr Howard said they had decided to go down the river as far as they could take the horses. ' Witness said they could only take them down tr/ the. river and thejv up borne. However, he felt confident j and when lie found that track cutting had to be done he. took the party up the hill. Witness suggested keeping, to the right and to strike the snitnmit at a lower level. It was further: round, but made the climbing easier. They decided to go straight iip the liill, and m the course of the journey Mr* MacLaurin said, "This is good land ' and good burning growth, but I. am a little bit disappointed. 1 thought the country fell away more." Witness replied, "So it does, if you had kept more to tho right." On arrival at the summit it fell .aiway abruptly, . looking to the, Koranga river at the ■ west. On. the "right-hand side of the T.atui*al basht there was a welUdefined spur. The party returned by the same |. route. He would not say his country generally wasi undulating. Witness, and | MacLaurm put m the evening together, and no 'mention was made of misrepresentation. He took them to the train the following afternoon. The first intimation he had of his repudiation was when ho mention was made of the transfer m t^e report of the 1 ' Land Board meeting. Both parties expressed disappointment. Witness suggested • that Mr Clayton, should be conwntunicated with 'm the matter. MacLaurin left for jhome, and told., the. tmry^yor to wait ;until more ha 4 been heard, of the transfer. Witness decided to stay at Mata,wai until he received fur.the.i- information I with regard to the matter. The letter (produced), was the first intimation witness had that the sale was repudiated. I Witness thought he received verbal m.- . timation from Mr Clayton prior to the ■receipt of the- letter. Recently Mr Mouat .- came -. on' to the propei'ty', and 'they put m a day together; and wit'r.ess showed him the identical place Mr MacLaurin complained of. They j went' to the burn and the route as for--1 merly proposed by witness. Mouat* said, "You must win, misrepresentation or not." | The Court was then adjourned till 10 a.m. to-day. . ■....-. '' ■ . — — — .