SUPREME COURT.

Star (Christchurch), Issue 5728, 23 November 1896, Page 3

SUPREME COURT.

CIVIL SITTINGS. Monday, Nov. 23. (Before his Honor Mr Justice Denniston.) The civil sittings were opened at 11 a.m. AITKEN V. AITKEN ( DIVORCE). On the application of Mr Beswick for Mr Bruges, this application wa3 ordered to stand over. PRAQNELL V. PRAGNELL (DIVORCE). On the application of Mr Stringer, the hearing of this application was fixed for Thursday, Dec. 3. . * washington v. Washington (divorce). This was an application, on the wife's petition, for a decree nisi for the dissolution of marriage on the ground of adultery, desertion and cruelty. Mr Crisp appeared for the petitioner. The respondent did not appear. The petitioner, Agnes Washington, deposed that she had been married to the respondent, Eobert Washington, in 1888, at the Presbyterian manse, Ashburton. They bad lived together for about five years, .but there were no children. Three weeks after marriage she found out that he had deceived her by saying that he had no debts; she complained, and he kicked hex*. He ill-used her on several occasions, and she bad to go to her mother. In December, 1893, he had left her to see his mother at Temuka. He had not returned, and had paid her no money, and found her no home. She had not communicated with him in any way in connection with the present case. William B. Moore deposed that the respondent had admitted to him having committed adultery. Harry Feast deposed that the respondent had, during the hearing of an affiliation case against him in September last in the Magistrate's Court, Christchurjch, admitted his misconduct. Witness had served the citation in the present proceedings on the respondent, who had again admitted his misconduct. Other evidence as to the misconduct of the respondent was given, and his Honor granted a decree nisi, with leave to apply for a decree absolute in three months, and costs against the respondent. ACTON ADAMS V. ADAMS AND OTHERS. This was an action brought by William Acton Adams, solicitor, against Martha Adams, widow, William Adams, of Blenheim, sheepfarmer, and Percy Bollard Adams, of Nelson, solicitor, to obtain the transference of a section of land to the plaintiff. Mr Stringer appeared for the plaintiff, and Mr Beswick for the defendants. Tho statement of claim alleged that the plaintiff and the defendants, William and Percy Bollard Adams, were sons of the defendant, Martha Adams. In March, 1889, the plaintiff entered into an agreement with one William Edward Barker, to purchase 2r 22p of land at St Albans, for .£350 13s 6d, whereof .£7O 13s 6d had been paid, and it had been agreed • that the balance of the purchase money should be paid by April 1, 1894, and should bear interest at 6 per cent. Soon afterwards it was verbally agreed between the plaintiff and Martha Adams that she might, at her own expense, build a house on one-third of the section, and live in it rent free during her life,- and that after her death it should be the property of plaintiff. The house had been built at a cost of about £600, and Mrs Adams had since lived in it. On Nov. 20, 1893, the plaintiff transferred to Mrs Adams his interest in the land, and gave notice thereof to Barker. On April 7, 1894, Mrs Adams agreed with Barker to extend the time for .£2OO, part of the purchase money, until April 1, 1897. On July 21, 1894, Mrs . Adams agreed to ensure to the plaintiff the whole of the land pursuant to the verbal agreement before mentioned. Mrs Adams had never paid any part of the purchase money except .£BO. The plaintiff had always paid the interest on the balance of the purchase money. Mrs Adams was about eighty-three years of age. On pr about May 2, 1896, the defendants, William and Percy Adams, or one of them, secretly and without the knowledge of the plaintiff, a*nd to defraud theplaintiff of his rightinthe property, wrongfully and unlawfully advanced to Barker .±'2oo and obtained a transfer of the land to Mrs Adams, and also a transfer of it from her to them. These transfers had been hastily and secretly registered.' The plaintiff was willing to pay to William and Percy Adams, or one of them, -.200 and interest thereon, and prayed that they should transfer the land to him to be held as to two-thirds of it in fee simple, and as to the third in possession of Mrs Adams for an estate in fee for her during her life, and afterwards in fee simple for him, subject to the payment of .£2OO and interest thereon, to such of the plaintiffs as might have paid the same. The statement of defence denied' the material allegations of the statement of claim, and alleged that the plaintiff had verbally agreed with Mrs Adams to convey the land to her and her assigns as an estate in fee simple free from encumbrances, and the agreements previously mentioned had been executed in pursuance of that verbal agreement. On payment of .£2OO due to him, Barker had transferred to her the fee simple of the land; and she had, in consideration of natural love .and affection for William and Percy Adams, transferred her interest in the property to them. They had no knowledge of any of the alleged facts which the plaintiff relied upon. Shortly after she had paid the .£2OO to Barker she signed, at the request of the plaintiff, a document, of the purport of which she was ignorant, and which Avas not read over to her, but which he represented was some document connected with the title to the land. Mi' Stringer opened the case for the plaintiff, and called evidence. [Left sitting.]