WARDEN'S COURT.

West Coast Times, Issue 253, 14 July 1866, Page 2

WARDEN'S COURT.

(Before C. C. Schaw, Esq., Warden.) Friday, July 13, 1866.

G. A. Horneck v. Wm. Robinson. — An action for trespass on section No. 750. The plaintiff stated that the defendant had placed his fence north of the line of ground he was entitled to. The defendant produced a written agreement, dated October 10, 1865, whereby the plaintiff conveyed to the defendant seventeen feet frontage of ground for Ll 5, and remainder of the section for the sum of LlO, as soon as surveyed by the Government. It transpired in evidence that the plaintiff removed his calico tent off section No. 750, in October last (to enable the defendant to erect his building) on to section No. 751, owned by Mr "W. T. Walker. The sections were surveyed by the Government in November last and iUvas then found that the "Advertiser' office was partly a section owned by Mr Robinson, who took pr6ceedings against Mr Callan, the then owner, for trespass, in the Warden's Court, before Mr Schaw, on Nov. 21, 1865. The warden in that case gave his decision in favor of Robinson, on the strength of the evidence of Horneck and Rossiter, the warden remarking that the new survey pegs must be taken as Correct. The plaintiff in the case, heard to-day, stated that he never had any right to the ground "south" of the Duke of York Hotel, as sold by him to the defendant, but his interest was northwards. Mr Robinson, however, put in a document signed by Mr Horneek, and witnessed by his son, to the effect that he would agree to purchase fidm Mr Robinson the ground to the E " north of the Duke of York Hotel now disputed, but never sold or let to the plaintiff. The defendant had put his fence up to the survey pegs, as purchased by him, hence this action. The warden gave a verdict for plaintiff. Horneck v. Walker. — The plaintiff sued defendant for trespass on section No. 751. Mr Walker proved that he took up his section, adjoining Mr Horneck's, on September 11, 1865; not having built to the full extent or fenced in his section southwards, a few feet of ground remained unoccupied. Mr Horneck, the original owner of section No. 750, having sold his interest to Mr Robinson, removed his tent on to the spare piece of ground belonging to Walker, so as to allow Mr Robinson to erect his hotel Mr Horneck was permitted to occupy this piece of ground until Walker gave him notice to quit in December last, whereupon Mr Horneck sued Walker for trespass in the Warden's Court. The Warden then decided that he would not interfere until the sale of town sections took place. Horneck being about to build, Mr Walker claimed his ground, whereupon Horneck sued for irespass. The Warden said he could not be guided by section or survey pegs, and thereupon gave a verdict for plaintiff.