Auckland Supreme Court.
[STANDARD BFECtAL COBBE-FONDBNT.] Auckland, last night.
Judge Conolly was engaged to-day in clearing off a large amount of business at the Supreme Court, preparatory to leaving for south for the transaction [of Supreme Court business at Napier, and to attend the Court of Appeal at Wellington. Coleman v. Brown.—This was a suit fora partition and accounts by the Trustees in Captain G. E. Read's estate against C. A. Brown. Captain Read had taken a mortgage for /80 jointly and severally from certain natives, who owned jointly a piece of land at Poverty Bay. Captain Read afterwards purchased the equity of redemption of four out of seven natives. Defendant purchased that of another. Mr W. L. Rees contended that when Captain Read purchased from the four natives he destroyed the whole mortgage, because it was a debt due by each one and all, and that his client was entitled to her share in the property clear of everything. Mr Theo. Cooper appeared for defendants, contending that the deed was good, and Mr C. E. Button appeared for plaintiff. His Honor gave judgment, holding that the purchaser of the estate of four natives did an act which kept charge upon the estate alive, and therefore that all parties were liable upon the mortgage deed. He allowed defendant costs 7s, and plaintiffs costs to abide by the result of the partition suit.
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Gisborne Standard and Cook County Gazette, Volume IV, Issue 515, 7 October 1890, Page 2
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232Auckland Supreme Court. Gisborne Standard and Cook County Gazette, Volume IV, Issue 515, 7 October 1890, Page 2
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