Colonist, Volume LVII, Issue 14208, 21 June 1916, Page 5

Shared note

Colonist, Volume LVII, Issue 14208, 21 June 1916, Page 5

CLAIM FOR RECTIFICATION.

Taitapu Gold Estates, Ltd., v. Jas. Prouse, Richard Prouse, J. P. Prouse, and M. S. Prouse. This was a claim for rectification of a transfer and certificate of title. Mr Hayes appeared for plaintiff and Mr C. R. Fell for defendants. Each of the defendants had a written agreement with the company for the purchase and sale of blocks of land in the Pakawau district, and containing a reservation to the company of all minerals. When the purchases were completed & transfer was prepared and registered without any reservation of such minerals. The plaintiffs claimed that the omission was accidental, and asked the Court to rectify it; the defendants set up a, plea that there was no mistake, or if there was it was not one which the Court could rectify. They said they understood that when they got their title it would be clear of all encumbrances, and reservations. After the evidence of Messrs C. Harley, N. L. Buchanan, Jas. Prouse, and J. P. Prouse, and a lengthy legal argument, judgment was reserved.

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