SUPREME COURT.

Taranaki Herald, Volume LIV, Issue 13524, 1 October 1907, Page 7

SUPREME COURT.

The Supreme Court, Mr Justice Denniston presiding, continued its sitting to-day, resuming at 10 o'clock. RECOVERY OF RATES. The first case heard was one that has previously occupied the attention of the Court— The Public Trustee (Mr Kerr) v. W. Humphries (Mr Hutchen), claim for £172 16s 3d. Mr Kerr said, this was a case in which the Public Trustee sought to recover rent due on a lease. The facts were practically admitted. It was admitted that the rents had not been paid to the Public Trustee. Defendant had promised to furnish the Public Trustee with a statement of claim of the rents collected, but had never carried out that promise. The land leased to Humphries formed part of a Native reserve known as Puketotara No. 3. Under an order in council, which was declared null and void, certain certificates were issued to Humphries' lessors. Afterwards these were cancelled. On November 17th, 1902, and September 7th, 1903, certificates of title were issued to the Public Trustee. On October 11th, 1847, a deed of sale from Natives to the Crown was signed, but this particular reserve was excepted. The Public Trustee held that he was the lessor. As a defence Mr Hutchen raised the question of which held the better title, plaintiff or defendant. Mr Hutchen held that defendant had a title which wa3 not superseded by the Public Trustee's. His Honour reserved his decision. NAPIER SESSIONS. Per PreM Association. NAPIER, Sept. 30. At the Supreme Court to-day a verdict for defendant was given in the civil case George Boatty v. Robert Watson, a claim for the specific performance of an agreement to sell land. The defence was that there was no written undertaking or agreement to sell.