“A SORRY MESS.”

Star (Christchurch), Volume LXVI, Issue 20331, 14 June 1934, Page 10

“A SORRY MESS.”

Counsel’s Description of Possession Case.

Described as a “ sorry mess,” an action to recover possession >of a section in Woolston was brought in the Civil Court this morning. Mr E. C. Levvey, S.M., of Invercargill, presided in the absence of Mr H. A. Young, S.M. Carl Dickens Berg, a farmer, of Christchurch, sought possession of a section in Hargood Street, Woolston, from Ernest Witte, a farmer, of Hargood Street, alleging that he was the owner of the section and that defendant was in possession without right title or license. Mr Tracy appeared for plaintiff, and Mr Aynsley for defend ant. “ This case is a sorry mess which does not reflect much credit on the parties concerned.” said Mr Tracy. Berg and Witte, he said, decided to transfer sections. Several futile agreements were drawn up without accomplishing anything. One of these agreements, continued counsel, was full of “ ands ” and “ ifs, v and to him it was unintelligible. Finally, acting on the advice of a land agent, they took mutual possession, but the agreement contained conditions which were not fulfilled.

Finally, the second mortgagee took possession of the Hargood Street property and sold it to Berg. Witte was now living on this property, and had sub-let a portion of it. Witte, contended Mr Tracy, had no right to occupy the property. An order for possession on or before July 2 was made, with costs against defendant.